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| To amend section 4508.02 and to enact section | 1 |
| 4511.204 of the Revised Code to prohibit driving a | 2 |
| vehicle while writing, sending, or reading a | 3 |
| text-based communication on an electronic wireless | 4 |
| communications device and to require driver | 5 |
| education courses to include instruction in the | 6 |
| dangers of texting while driving. | 7 |
| Section 1. That section 4508.02 be amended and section | 8 |
| 4511.204 of the Revised Code be enacted to read as follows: | 9 |
| Sec. 4508.02. (A) The director of public safety, subject to | 10 |
| Chapter 119. of the Revised Code, shall adopt and prescribe such | 11 |
| rules concerning the administration and enforcement of this | 12 |
| chapter as are necessary to protect the public. The director shall | 13 |
| inspect the school facilities and equipment of applicants and | 14 |
| licensees and examine applicants for instructor's licenses. | 15 |
| (B) The director shall administer and enforce this chapter. | 16 |
| (C) The rules shall require twenty-four hours of classroom | 17 |
| instruction, and eight hours of actual behind-the-wheel | 18 |
| instruction conducted on public streets and highways of this state | 19 |
| for all beginning drivers of noncommercial motor vehicles who are | 20 |
| under age eighteen. The rules also shall require the classroom | 21 |
| instruction for such drivers to include instruction in the dangers | 22 |
| of driving a motor vehicle while using an electronic wireless | 23 |
| communications device to write, send, or read a text-based | 24 |
| communication. | 25 |
| (D) The rules shall state the minimum hours for classroom and | 26 |
| behind-the-wheel instruction required for beginning drivers of | 27 |
| commercial trucks, commercial cars, buses, and commercial | 28 |
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tractors, trailers, and | 29 |
| Sec. 4511.204. (A) No person shall drive a motor vehicle, | 30 |
| trackless trolley, or streetcar on any street, highway, or | 31 |
| property open to the public for vehicular traffic while using an | 32 |
| electronic wireless communications device to write, send, or read | 33 |
| a text-based communication. | 34 |
| (B) Division (A) of this section does not apply to any of the | 35 |
| following: | 36 |
| (1) A person using an electronic wireless communications | 37 |
| device in that manner for emergency purposes, including an | 38 |
| emergency contact with a law enforcement agency, hospital or | 39 |
| health care provider, fire department, or other similar emergency | 40 |
| agency or entity; | 41 |
| (2) A person driving a public safety vehicle who uses an | 42 |
| electronic wireless communications device in that manner in the | 43 |
| course of the person's duties; | 44 |
| (3) A person using an electronic wireless communications | 45 |
| device in that manner whose motor vehicle is in a stationary | 46 |
| position, with the transmission in the park or neutral setting or | 47 |
| with the engine or power to the motor off, and who is outside a | 48 |
| lane of travel; | 49 |
| (4) A person reading, selecting, or entering a name or | 50 |
| telephone number in an electronic wireless communications device | 51 |
| for the purpose of making or receiving a telephone call; | 52 |
| (5) A person receiving wireless messages on a device | 53 |
| regarding the operation or navigation of a motor vehicle; | 54 |
| safety-related information, including emergency, traffic, or | 55 |
| weather alerts; or data used primarily by the motor vehicle; | 56 |
| (6) A person receiving wireless messages via radio waves; | 57 |
| (7) A person using a device for navigation purposes; | 58 |
| (8) A person conducting wireless interpersonal communication | 59 |
| with a device that does not require manually entering letters, | 60 |
| numbers, or symbols or reading text messages, except to activate, | 61 |
| deactivate, or initiate the device or a feature or function of the | 62 |
| device; | 63 |
| (9) A person operating a commercial truck while using a | 64 |
| mobile data terminal that transmits and receives data. | 65 |
| (C) Whoever violates division (A) of this section is guilty | 66 |
| of a minor misdemeanor. | 67 |
| (D) This section shall not be construed as invalidating, | 68 |
| preempting, or superseding a substantially equivalent municipal | 69 |
| ordinance that prescribes penalties for violations of that | 70 |
| ordinance that are greater than the penalties prescribed in this | 71 |
| section for violations of this section. | 72 |
| (E) As used in this section: | 73 |
| (1) "Electronic wireless communications device" includes any | 74 |
| of the following: | 75 |
| (a) A wireless telephone; | 76 |
| (b) A text-messaging device; | 77 |
| (c) A personal digital assistant; | 78 |
| (d) A computer; | 79 |
| (e) Any other substantially similar wireless device that is | 80 |
| designed or used to communicate text. | 81 |
| (2) "Write, send, or read a text-based communication" means | 82 |
| to manually write or send, or read a text-based communication | 83 |
| using an electronic wireless communications device, including | 84 |
| manually writing or sending, or reading communications referred to | 85 |
| as text messages, instant messages, or electronic mail. | 86 |
| Section 2. That existing section 4508.02 of the Revised Code | 87 |
| is hereby repealed. | 88 |
| Section 3. | 89 |
| For the six-month period commencing on the effective date of | 90 |
| this act, no law enforcement officer shall issue to the operator | 91 |
| of any motor vehicle being operated upon a street or highway | 92 |
| within this state a ticket, citation, or summons for a violation | 93 |
| of division (A) of section 4511.204 of the Revised Code, or cause | 94 |
| the arrest of or commence a prosecution of a person for a | 95 |
| violation of that division. Instead, during that period of time | 96 |
| the law enforcement officer shall issue to such an operator a | 97 |
| written warning, informing the operator of the existence of | 98 |
| division (A) of section 4511.204 of the Revised Code and that | 99 |
| after the date that is six months after the effective date of this | 100 |
| act, a law enforcement officer who observes that the operator of a | 101 |
| motor vehicle has committed or is committing a violation of | 102 |
| division (A) of section 4511.204 of the Revised Code will be | 103 |
| authorized to issue a ticket, citation, or summons to that | 104 |
| operator for that violation or to cause the arrest of or commence | 105 |
| a prosecution of such an operator for a violation of that | 106 |
| division. | 107 |