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36A Traffic Control Devices 313.99 <br />313.12. PORTABLE SIGNAL PREEMPTION DEVICES PROHIBITED. <br />(a) (1) No person shall possess a portable signal preemption device. <br />(2) No person shall use a portable signal preemption device to affect the <br />operation of a traffic control signal. <br />(b) Subsection (a)(1) of this section does not apply to any of the following persons and <br />subsection (a)(2) of this section does not apply to any of the following persons when responding <br />to an emergency ca1L• <br />(1) A peace officer, as defined in Ohio R.C. 109.71(A)(11), (12), (14) or (19); <br />(2) A State highway patrol trooper; <br />(3) A person while occupying a public safety vehicle as defined in Ohio R.C. <br />4511.01(E)(1), (3) or (4). <br />(c) Whoever violates subsection (a)(1) of this section is guilty of a misdemeanor of the <br />fourth degree. Whoever violates subsection (a)(2) of this section is guilty of a misdemeanor of <br />the first degree. <br />(d) As used in this section, "portable signal preemption device" means a device that, <br />if activated by a person, is capable of changing a traffic control signal to green out of sequence. <br />(ORC 4511.031) <br />313.99 PENALTY. <br />(EDITOR' S NOTE: See Section 303 . 99 for general Traffic Code penalty and penalties <br />applicable to misdemeanor classifications.) <br />Except as otherwise provided in this section, whoever violates Section 313.08(a) or (c) or <br />313.11 is guilty of a misdemeanor of the third degree. If a violation of Section 313.08(a) or (c) <br />creates a risk of physical harm to any person, the offender is guilty of a misdemeanor of the first <br />degree. A violation of Section 313.08(a) or (c) that causes serious physical harm to property that <br />is owned, leased or controlled by a State or local authority is a felony of the fourth degree and <br />shall be prosecuted under appropriate State law. <br />(ORC 4511.99) <br />2006 Replacement