Ohio Admin. Code 3335-21-02 - Definitions

As used in these rules regtriations this chapter, the following words and phrases shall, for the purpose of these rules regulations, have the meanings respectively ascribed to them in this chapter rule.

(A) "Accident" and "motor vehicle accident" mean any accident involving a motor vehicle which results in bodily injury to or death of any person or damage to the property of any person in excess of one hundred fifty dollars. The term "concession agreement" means the "long-term lease and concession agreement for the Ohio state university parking system" between the university and the parking operator.

(B) "Alley" means those driveways used primarily for the convenience of the university and not generally used for purposes of through traffic.

(C) "Assessment" means the sum exacted of faculty, employees, students, visitors and agents for violation of any of the provisions of these rules, which sum constitutes the liquidated damages for violation of the contract existing by and between the university and faculty, employees, students, visitors and agents. Assessments are established by transportation and parking services, approved by the senior vice president for business and finance of the university and adopted by the board of trustees.

(D) "Authorized emergency vehicle" or "emergency vehicle" means emergency vehicles of the university, municipal, township, or county departments or public utility corporations when identified as such as required by law, the Ohio director of public safety, or local authorities, and motor vehicles when commandeered by a police officer as set forth in division (D) of section 4511.01 of the Revised Code.

(E) "Bicycle" means every device, other than a tricycle designed solely for use as a play vehicle by a child, propelled solely by human power, upon which any person may ride, having either two tandem wheels or one wheel in the front and two wheels in the rear, any of which is more than fourteen inches in diameter as set forth in division (G) of section 4511.01 of the Revised Code.

(F) "Board" and "board of trustees" means the board of trustees of the Ohio state university.

(G) "Bus" means every motor vehicle designed for carrying more than nine passengers and used for the transportation of persons, other than a ride sharing arrangement, and every other motor vehicle, automobile for hire or funeral car, other than a taxicab or motor vehicle used in a ride sharing arrangement, designed and used for the transportation of persons for compensation as set forth in division (L) of section 4511.01 of the Revised Code.

(H) "Commercial vehicle" means every vehicle designed, maintained or used primarily for the transportation of property.

(I) "Contractor" means any person, including an employee, who undertakes by contract to perform work or service or to supply articles at a certain price or rate.

(J) "Crosswalk" means:

(1) That part of a roadway at intersections ordinarily included within the real or projected prolongation of property lines and curb lines and/or, in the absence of curbs, the edges of the traversable roadway;

(2) Any portion of a roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface;

(3) Notwithstanding paragraphs (J)(1) and (J)(2) of this rule, there shall not be a crosswalk where local authorities have placed signs indicating no crossing as set forth in division (LL) of section 4511.01 of the Revised Code.

(K) (B) The term "Ccurb curb loading zone" means a space adjacent to a curb, which is reserved for the exclusive use of vehicles during loading or unloading.

(L) "Department of transportation and parking services" means the transportation and parking services department of the university.

(M) "Director" means the director of transportation and parking services.

(N) "Driver" means any person who drives or is in actual physical control of a vehicle as set forth in division (Y) of section 4511.01 of the Revised Code.

(O) (C) The term "Ffee fees" means a sum extracted of faculty, staff, employees, students, visitors and agents for permits, keycards, parking meters, pay parking facilities, parking fines or services. Fees are established by transportation and parking services, approved by the senior vice president for business and finance of the university and adopted by the board of trustees in accordance with schedule five of the concession agreement.

(P) (D) The term "Ggrounds" ground means all lands belonging to the university or over which the university may have control.

(Q) (E) The term Hhospital hospital and campus security officer" means an employee of the department of hospital safety and security or campus security who, when authorized by the director of transportation and parking services or public safety, may perform one or more of the following duties:

(1) Direct, regulate or supervise traffic;

(2) Enforce all provisions of these rules regulations pertaining to parking; or

(3) Enforcerules regulations for bicycles.

(R) Intersection

(1) Intersection" means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(2) Where a highway includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. If an intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

(3) The junction of an alley with a street or highway, or with another alley, shall not constitute an intersection as set forth in division (KK) of section 4511.01 of the Revised Code.

(S) Laned street or roadway" means a highway or roadway which is divided into two or more clearly marked lanes for vehicular traffic as set forth in division (GG) of section 4511.01 of the Revised Code.

(T) (F) The term "law enforcement officer" means a law enforcement officer of the university or any officer authorized to direct, regulate or supervise traffic or to issue citations or make arrests for violations of state traffic law.

(U) (G) The term "Lloading loading zone" means a space or spaces adjacent to a building, which are designated for the exclusive use of vehicles during loading or unloading.

(V) "Motor vehicle" means every vehicle propelled or drawn by power other than muscular power, or power collected from overhead electric trolley wires, except motorized bicycles, road rollers, traction engines, power shovels, power cranes and/or other equipment used in construction work and not designed for or employed in the general highway transportation, hole digging machinery, ditch digging machinery, well drilling machinery, farm machinery, trailers used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public street or highway at a speed of twenty five miles per hour or less, threshing machinery, hay bailing machinery, and agricultural tractors and machinery used in the production of horticultural, floricultural, agricultural and vegetable products and trailers designed exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles at a speed of twenty five miles per hour or less as set forth in division (B) of section 4511.01 of the Revised Code.

(W) Motorcycle" means every motor vehicle, other than a tractor, having a saddle for the use of the operator and designed to travel on not more than three wheels in contact with the ground, including, but not limited to, motor vehicles known as "motor-driven cycle," "motor scooter" or "motorcycle" without regard to weight or brake horsepower as set forth in division (C) of section 4511.01 of the Revised Code.

(X) Motorized bicycle" means any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled and is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface as set forth in division (H) of section 4511.01 of the Revised Code.

(Y) (H) The term "Nnotice notice of violation" means a notice given by the university or the parking operator for a violation of any of the provisions of these rules regulations this chapter.

(Z) Official time standard" means Eastern Standard Time or Eastern Daylight Savings Time, whichever is in effect at the time and in the general area in question.

(AA) Operator" means any person who drives or operates a motor vehicle upon a roadway.

(BB) "Operator's license" means a license issued to any person to operate a motor vehicle or motor-driven cycle, including a "probationary license" and a "restricted license."

(CC) (I) The terms "Ppark park" and "parking" mean the standing of a vehicle, whether occupied or not, except while actually engaged in loading or unloading merchandise or passengers.

(DD) (J) Parking area" means any portion of the land and property of the university which is designated for the parking of vehicles. The term includes parking lots and parking garages. The term "parking operator" shall have the same definition as the "operator" in the concession agreement. This includes any third parties or agents contracted on behalf of the parking operator to perform parking services. Notwithstanding anything in these regulations this chapter to the contrary, if at any time there is no parking operator or to the extent the parking operator is unable to perform its obligations under the concession agreement or has not been granted authority under the concession agreement, then the university shall have the authority granted to the parking operator hereunder.

(EE) "Parking zone" means any portion of university streets or roadways, parking areas, parking lots or parking garages on which the parking of vehicles may be permitted or regulated by the university.

(FF) "Passenger car" means any vehicle designed and used for carrying not more than nine passengers.

(GG) "Pedestrian" means any natural person afoot as set forth in division (X) of section 4511.01 of the Revised Code.

(HH) "Person" means a natural person, firm, copartnership, association, or corporation as set forth in division (W) of section 4511.01 of the Revised Code.

(II) (K) The term "Ppublic public safety vehicle" means any of the following:

(1) Ambulances, including private ambulance companies under contract to the university or to a municipal corporation, township or county, and private ambulances and non-transport vehicles bearing license plates issued under ORC section 4503.49 of the Revised Code;. .

(2) Motor vehicles used by public law enforcement officers, traffic control officers, hospital and campus security officers, or other persons sworn to enforce the criminal and traffic laws of the state; .

(3) Any motor vehicle when properly identified as required by the Ohio director of public safety, when used in response to fire emergency calls or to provide emergency medical service to ill or injured persons, and when operated by a duly qualified person who is a member of a volunteer rescue service or a volunteer fire department and who is on duty pursuant to the rules or directives of that service. The state fire marshal shall be designated by the Ohio director of public safety as the certifying agency for all public safety vehicles described in this paragraph.

(4) Vehicles used by fire departments, including motor vehicles when used by volunteer firefighters responding to emergency calls in the fire department service when identified as required by the Ohio director of public safety. Any vehicle used to transport or provide emergency medical service to an ill or injured person, when certified as a public safety vehicle, shall be considered a public safety vehicle when transporting an ill or injured person to a hospital regardless of whether such vehicle has already passed a hospital.

(5) Vehicles used by the commercial motor vehicle safety enforcement unit for the enforcement of orders and rules of the public utilities commission as specified in ORC section 5503.34 of the Revised Code and as set forth in division (E) of section 4511.01 of the Revised Code.

(6) Any non-motorized vehicle used for transportation and parking services.

(7) (6) Any motorized or non-motorized vehicle used by the university's public safety department.

(JJ) "Restricted license" means a license issued to any person to operate a motor vehicle, which license is subject to conditions or restrictions.

(KK) "Restricted zone" means any portion of the Columbus campus of the university where the entry of all motor vehicles is controlled.

(L) (L) The term "Rright right of way" means the right of a vehicle or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it or the individual is moving in preference to another vehicle or pedestrian approaching from a different direction into its or the individual's path as set forth in division (UU) of section 4511.01 of the Revised Code.

(MM) "Road" and "driveway" mean a way or place in control of the university and used for vehicular travel by the university and those having express or implied permission from the university, but not by other persons.

(NN) "Roadway" means that portion of a university road or driveway improved, designed or ordinarily used for vehicular travel exclusive of the berm or shoulder. If a university road or driveway includes two or more separate roadways, the term "roadway," as used herein, refers to any such roadway separately but not to all such roadways collectively.

(OO) "Rules" means the transportation and parking rules of the Ohio state university.

(PP) (M) The term "Ssafety safty zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and protected or marked or indicated by adequate signs as to be plainly visible at all times as set forth in division (MM) of section 4511.01 of the Revised Code.

(QQ) "Sidewalk" means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians as set forth in division (FF) of section 4511.01 of the Revised Code.

(RR) (N) The terms "Sstand stand" and "standing" mean the halting of a vehicle, whether occupied or not, other than for the purpose of and while actually engaged in receiving or discharging passengers.

(SS) (O) The term "Sstatute statute" means any provision of state traffic law which is appropriately enforceable by law enforcement officers on university grounds and property.

(TT) (P) The term "Sstop, stop" when required, means a complete cessation of movement.

(UU) (Q) The terms "Sstop, stop" and "standing," when prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or traffic control sign or signal.

(VV) (R) The terms "Sstreet street" or "highway" means the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular travel as set forth in division (BB) of section 4511.01 of the Revised Code.

(WW) "Student traffic officer" means a student who has been hired by transportation and parking services or university police to assist with traffic control upon any university property or roadway.

(XX) "Through street or roadway" means a street, roadway, road or driveway, or portion thereof, on which vehicular traffic is given preferential right of way and at the entrances to which vehicular traffic from intersecting streets, roadways, roads or driveways is required to yield the right of way to vehicles on such through streets, roadways, roads or driveways in obedience to either a stop sign or a yield sign, when such signs are erected as provided in these rules.

(YY) "Traffic" means pedestrians, ridden or herded animals, vehicles and other devices, either singly or together, while using any roadway for purposes of travel as set forth in division (TT) of section 4511.01 of the Revised Code.

(ZZ) (S) The term "Ttraffic traffic control officer" means an employee of transportation and parking services the Ohio state university authorized by the director of transportation and parking services university to perform one or more of the following duties:

(1) Direct, regulate or supervise traffic;

(2) Investigate traffic accidents; or

(3) Enforce all provisions of these rules pertaining to parking; or

(4) (3) Enforce rules and regulations for bicycles, skateboards, roller skates, and roller blades., coasters, and similar devices.

(AAA) (T) The term "Ttraffic traffic control device" means all flaggers, signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic including signs denoting the names of streets and highways as set forth in division (QQ) of section 1511.01 of the Revised Code.

(BBB) (U) The term "Ttraffic traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop, to proceed, to change direction or not to change direction as set forth in division (RR) of section 4511.01 of the Revised Code.

(CCC) ''Traffic control zone'' means that area of the university campus protected by vehicle control gates.

(DDD) "Uniform traffic ticket" means the Ohio uniform traffic ticket, as provided for in the "Rules of Practice and Procedure in Traffic Cases for all Courts Inferior to Common Pleas," promulgated by the supreme court of Ohio.

(EEE) "University" means the Ohio state university.

(FFF) "Vehicle" means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a street or roadway, except motorized wheelchairs, other than bicycles moved by human power as set forth in division (A) of section 4511.01 of the Revised Code.

(GGG) (V) The term "Vviolation violation" means an act or omission in contravention of any of the provisions of these rules regulations this chapter and/or applicable state statutes.

(HHH) (W) The term "Vvisitor"visitor means any person who is not either a faculty member, a staff member, an employee, a student, or a contractor, or a vendor or other agent of the university.

Notes

Ohio Admin. Code 3335-21-02

Effective: 8/3/2012
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3335.08
Prior Effective Dates: 3/13/78, 11/19/78, 8/2/82, 7/1/03