The Act of Legislature which created the Ohio State Highway Patrol
(House Bill No. 270) -- 1933

AN ACT To amend section 1178 of the General Code, relating to the functions of the department of highways and to provide for the establishment of state highway patrol in the department of highways to enforce the laws relating to the registration of motor vehicles and their use and operation on the highways.

Be it enacted by the General Assembly of the State of Ohio:

Section 1. That section 1178 of the General Code be amended to read as follows:

Sec.1178. The functions of the department of highways shall be constructing, reconstructing, widening, resurfacing, maintaining and repairing the state system of highways and bridges and culverts thereon, cooperating with the federal government in the construction, reconstruction, improvement, maintaining and repairing of post roads and other roads designated by the federal authorities and cooperating with the counties, townships, villages and other subdivisions of the state in the construction, reconstruction, improvement, maintaining and repairing of the public roads and bridges of the state; and the enforcement of the laws of the state relating to the registration and licensing of motor vehicles, the laws relating to their use and operation on the highways, and all laws for the protection of the highways.

The word "director" when used in this act shall mean director of highways. The phrase "first assistant director" when used in this act shall mean first assistant director of highways. The phrase "deputy director" when used in this act shall mean resident division deputy director of highways. The phrase "district deputy" when used in this act shall mean resident district director of highways.

Section 2. There is hereby created in the department of highways a division of highway patrol which shall be administered by a superintendent of state highway patrol hereinafter referred to in this act as the superintendent.

The superintendent shall be appointed by the director of highways, and shall serve at his pleasure. He shall be paid a salary of four thousand dollars per annum, subject to reduction provided for by Amended Senate Bill No. 5, third special section, 89th General Assembly. The superintendent shall give a bond for the faithful performance of his duties in such amount and with such security as the director may approve.

The superintendent, with the approval of the director of highways, may appoint such number of highway patrolmen as he may deem necessary to carry out the provisions of this act, provided however that such patrolmen so appointed shall not exceed sixty (60) in number. Patrolmen shall not be less than twenty-four (24) nor more than forty (40) years of age at the time of their appointment. The salaries of the patrolmen shall be fixed by the director of highways within the limits of the appropriations made by the general assembly.

The superintendent and highway patrolmen shall be vested with the authority of peace officers for the purpose of enforcing the laws of the state relating to the registration of motor vehicles and the operation of motor vehicles upon the highways, and all laws of the state for protection of the highways, and are authorized to arrest without warrant any person who in the presence of the superintendent or any patrolman is engaged in the violation of any such laws; but such patrolmen shall never be used as peace officers in connection with any strike or labor dispute.

Each highway patrolman upon his appointment and before entering upon his duties shall take an oath of office for faithful performance of his duties and execute a bond in the sum of twenty-five hundred ($2500.00) dollars payable to the state and for the use and benefit of any aggrieved party who may have a cause of action against any such patrolman for misconduct while in the performance of his duties.

The superintendent shall prescribe a distinguishing uniform and badge which shall be worn by each patrolman while on duty. It shall be unlawful for any person to wear the prescribed uniform or badge or any distinctive part thereof, except on order of the superintendent.

The superintendent, with the approval of the director of highways, may appoint such number of clerks, stenographers and other employees as he may deem necessary to carry out the provisions of this act. The salary of each of such employees shall be fixed by the director within the limits of the appropriations made by the general assembly.

Section 3. It shall be the duty of the state highway patrol to enforce the laws of the state relating to the registration and licensing of motor vehicles; to enforce the laws relating to the operation and use of vehicles on the highways; to enforce and prevent, on the roads of the state highway system, the violation of the laws relating to the size, weight, and speed of commercial motor vehicles and all laws designed for the protection of the highway pavements and structures on such highways; to investigate and report to the public utilities commission violations of its rules and regulations and laws governing the transportation of persons and property by motor transportation companies and all other motor carriers for hire; to investigate and report violations of all laws relating to the collection of excise taxes on motor vehicle fuels; and to regulate the movement of traffic on the roads of the state highway system. It shall be the duty of the highway patrol whenever possible to determine persons causing or responsible for the breaking, damaging or destruction of any improved surfaced roadway, structure, sign, marker, guard rail, or any other appurtenance constructed or maintained by the department of highways and to arrest persons responsible therefor and bring them before the proper of ficial for prosecution. It shall be the duty of the highway patrolmen to investigate and report all motor vehicle accidents on the state highway system outside of incorporated municipalities.

Any person arrested by a patrolman shall forthwith be taken by such patrolman before any court or magistrate having jurisdiction of the offense whereof such person so arrested and charged, there to be dealt with according to law.

State highway patrolmen shall not have the right or power of search nor shall they have the right or power of seizure except to take from any person under arrest or about to be arrested deadly or dangerous weapons in the possession of such person. No state official shall have any power, right or authority to command, order or direct any patrolman to perform any duty or service not authorized by this act. The powers and duties conferred on the state highway patrol shall be supplementary to and in no way a limitation on the powers and duties of sheriffs or other peace officers of the state.

Section 4. The state highway patrol and the superintendent thereof shall be furnished by the state with such vehicles, equipment and supplies as the director of highways may deem necessary, all of which shall remain the property of the state and be strictly accounted for by each member of the patrol.

The state highway patrol may be equipped with standardized and tested devices for weighing vehicles, and may stop and weigh, or cause to be weighed, any vehicle which appears to weigh in excess of the amounts permitted by the laws of the state.

The superintendent, with the approval of the director of highways, shall prescribe rules for instruction and discipline and make all administrative rules and regulations and fix the hours of duty for patrolmen. He shall divide the state into districts and assign members of the patrol to such districts in such manner as he shall deem proper to carry out the purposes of this act. He shall have authority in his discretion to transfer members of the patrol from one district to another. The superintendent shall have authority to classify and rank members of the patrol. All promotions to a higher grade or rank shall be made from the next lower grade.

Section 5. All fines collected from, or moneys arising from bonds forfeited by persons apprehended or arrested by state highway patrolmen shall be paid one half into the state treasury and one half to the treasury of the incorporated city or village where such case may be prosecuted. Provided, however, if such prosecution is in a trial court outside of an incorporated city or village such money shall be paid one half into the county treasury. Such money so paid into the state treasury shall be credited to the "state highway maintenance and repair fund" and such money so paid into the county, city or village treasury shall be deposited to the same fund and expended in the same manner as is the revenue received from the registration of motor vehicles.

The trial court shall make remittance of such money as prescribed by law and at the same time as such remittance is made of the state's portion to the state treasury such trial court shall notify the superintendent of the state highway patrol of the case or cases and the amount covered by such remittance.

All salaries and expenses of members of the state highway patrol and all expenditures for vehicles, equipment, supplies, and salaries of clerical forces and all other expenditures for the operation and maintenance of the patrol shall be paid by the state treasurer out of the state highway maintenance and repair fund.

Section 6. It shall be the duty of the operator or driver of any vehicle traveling on the highways of this state to stop on signal of any state highway patrolman and to obey any other reasonable signal or direction of such patrolman given in directing the movement of traffic on the highways. Any person who wilfully fails or refuses to obey such signals or directions or who wilfully resists or opposes a patrolman in the proper discharge of his duties shall be fined not more than $25.00 and for a second offense shall be fines not less than $25.00 nor more than $100.00.

Section 7. Nothing contained in this act shall in any way supersede, limit or suspend any provisions of law relative to the regulation of motor transportation upon the public highways of the state by the public utilities commission of Ohio.

Section 8. If any part of this act is declared unconstitutional, such decision shall not be held to affect the validity of any of the remaining sections, or parts of sections.

Section 9. That existing section 1178 of the General Code be, and the same is hereby repealed.

Frank Cave
Speaker of the House of Representatives

Charles Sawyer
President of the Senate

Passed March 28, 1933
Approved March 30, 1933

George White
Governor

Filed in the office of the Secretary of State at Columbus, Ohio
on the 31st day of March, A.D. 1933.

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