130th Ohio General Assembly
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H. B. No. 266  As Introduced
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 generally prohibit driving a vehicle while using a handheld or manually operated mobile communication device.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.204 of the Revised Code be enacted to read as follows:
Sec. 4511.204.  (A) No person shall drive a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using a handheld or manually operated mobile communication device.
(B) Division (A) of this section does not apply to any of the following:
(1) A person using a mobile communication device that is specifically designed and configured to allow hands-free operation, and is used in that manner while driving;
(2) A person using a mobile communication device for emergency purposes, including an emergency call to a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
(3) A person operating a public safety vehicle who uses a mobile communication device in the course of the person's duties;
(4) A person operating a citizens band radio or two-way radio while driving a motor vehicle, trackless trolley, or streetcar;
(5) A person using a handheld or manually operated mobile communication device whose motor vehicle is in a stationary position, with the transmission in the park or neutral setting or with the engine or power to the motor off, and who is outside a lane of travel.
(C) Whoever violates division (A) of this section shall be fined twenty-five dollars on a first offense, fifty dollars on a second or third offense, and one hundred dollars on a fourth or subsequent offense.
(D) As used in this section, "mobile communication device" includes any of the following:
(1) A wireless telephone;
(2) A text-messaging device;
(3) A personal digital assistant;
(4) A computer;
(5) Any other substantially similar wireless device that is designed or used to communicate voice, text, or data.
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