As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 266


Representative Koziura 

Cosponsors: Representatives Boose, Boyd, Brown, Celeste, Domenick, Hagan, Murray, Okey, Pryor, Ujvagi, Williams, B. 



A BILL
To enact section 4511.204 of the Revised Code to 1
generally prohibit driving a vehicle while using a 2
handheld or manually operated mobile communication 3
device.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 4511.204 of the Revised Code be 5
enacted to read as follows:6

       Sec. 4511.204.  (A) No person shall drive a motor vehicle, 7
trackless trolley, or streetcar on any street, highway, or 8
property open to the public for vehicular traffic while using a 9
handheld or manually operated mobile communication device.10

       (B) Division (A) of this section does not apply to any of the 11
following:12

       (1) A person using a mobile communication device that is 13
specifically designed and configured to allow hands-free 14
operation, and is used in that manner while driving;15

       (2) A person using a mobile communication device for 16
emergency purposes, including an emergency call to a law 17
enforcement agency, hospital or health care provider, fire 18
department, or other similar emergency agency or entity;19

       (3) A person operating a public safety vehicle who uses a 20
mobile communication device in the course of the person's duties;21

       (4) A person operating a citizens band radio or two-way radio 22
while driving a motor vehicle, trackless trolley, or streetcar;23

       (5) A person using a handheld or manually operated mobile 24
communication device whose motor vehicle is in a stationary 25
position, with the transmission in the park or neutral setting or 26
with the engine or power to the motor off, and who is outside a 27
lane of travel.28

       (C) Whoever violates division (A) of this section shall be 29
fined twenty-five dollars on a first offense, fifty dollars on a 30
second or third offense, and one hundred dollars on a fourth or 31
subsequent offense.32

       (D) As used in this section, "mobile communication device" 33
includes any of the following:34

       (1) A wireless telephone;35

       (2) A text-messaging device;36

       (3) A personal digital assistant;37

       (4) A computer;38

       (5) Any other substantially similar wireless device that is 39
designed or used to communicate voice, text, or data.40