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Am. H. B. No. 99 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Damschroder, Garland
Cosponsors:
Representatives Antonio, Boyd, Celeste, Clyde, DeGeeter, Derickson, Dovilla, Fende, Goyal, Grossman, Hackett, Heard, Hottinger, Mallory, Murray, Okey, Pillich, Ruhl, Stebelton, Stinziano, Szollosi, Winburn, Yuko, Anielski, Barnes, Boose, Bubp, Budish, Fedor, Gerberry, Hagan, C., Hagan, R., Hayes, Johnson, Letson, Luckie, Lundy, McClain, McGregor, Newbold, O'Brien, Slaby, Weddington Speaker Batchelder
A BILL
To amend section 4508.02 and to enact section
4511.204 of the Revised Code to prohibit driving a
vehicle while writing, sending, or reading a
text-based communication on an electronic wireless
communications device and to require driver
education courses to include instruction in the
dangers of texting while driving.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4508.02 be amended and section
4511.204 of the Revised Code be enacted to read as follows:
Sec. 4508.02. (A) The director of public safety, subject to
Chapter 119. of the Revised Code, shall adopt and prescribe such
rules concerning the administration and enforcement of this
chapter as are necessary to protect the public. The director shall
inspect the school facilities and equipment of applicants and
licensees and examine applicants for instructor's licenses.
(B) The director shall administer and enforce this chapter.
(C) The rules shall require twenty-four hours of classroom
instruction, and eight hours of actual behind-the-wheel
instruction conducted on public streets and highways of this state
for all beginning drivers of noncommercial motor vehicles who are
under age eighteen. The rules also shall require the classroom
instruction for such drivers to include instruction in the dangers
of driving a motor vehicle while using an electronic wireless
communications device to write, send, or read a text-based
communication.
(D) The rules shall state the minimum hours for classroom and
behind-the-wheel instruction required for beginning drivers of
commercial trucks, commercial cars, buses, and commercial
tractors, trailers, and semi-trailers semitrailers.
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 an
electronic wireless communications device to write, send, or read
a text-based communication.
(B) Division (A) of this section does not apply to any of the
following:
(1) A person using an electronic wireless communications
device in that manner for emergency purposes, including an
emergency contact with a law enforcement agency, hospital or
health care provider, fire department, or other similar emergency
agency or entity;
(2) A person driving a public safety vehicle who uses an
electronic wireless communications device in that manner in the
course of the person's duties;
(3) A person using an electronic wireless communications
device in that manner 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;
(4) A person reading, selecting, or entering a name or
telephone number in an electronic wireless communications device
for the purpose of making or receiving a telephone call;
(5) A person receiving wireless messages on a device
regarding the operation or navigation of a motor vehicle;
safety-related information, including emergency, traffic, or
weather alerts; or data used primarily by the motor vehicle;
(6) A person receiving wireless messages via radio waves;
(7) A person using a device for navigation purposes;
(8) A person conducting wireless interpersonal communication
with a device that does not require manually entering letters,
numbers, or symbols or reading text messages, except to activate,
deactivate, or initiate the device or a feature or function of the
device;
(9) A person operating a commercial truck while using a
mobile data terminal that transmits and receives data.
(C) Whoever violates division (A) of this section is guilty
of a minor misdemeanor.
(D) This section shall not be construed as invalidating,
preempting, or superseding a substantially equivalent municipal
ordinance that prescribes penalties for violations of that
ordinance that are greater than the penalties prescribed in this
section for violations of this section.
(E) As used in this section:
(1) "Electronic wireless communications device" includes any
of the following:
(a) A wireless telephone;
(b) A text-messaging device;
(c) A personal digital assistant;
(e) Any other substantially similar wireless device that is
designed or used to communicate text.
(2) "Write, send, or read a text-based communication" means
to manually write or send, or read a text-based communication
using an electronic wireless communications device, including
manually writing or sending, or reading communications referred to
as text messages, instant messages, or electronic mail.
Section 2. That existing section 4508.02 of the Revised Code
is hereby repealed.
For the six-month period commencing on the effective date of
this act, no law enforcement officer shall issue to the operator
of any motor vehicle being operated upon a street or highway
within this state a ticket, citation, or summons for a violation
of division (A) of section 4511.204 of the Revised Code, or cause
the arrest of or commence a prosecution of a person for a
violation of that division. Instead, during that period of time
the law enforcement officer shall issue to such an operator a
written warning, informing the operator of the existence of
division (A) of section 4511.204 of the Revised Code and that
after the date that is six months after the effective date of this
act, a law enforcement officer who observes that the operator of a
motor vehicle has committed or is committing a violation of
division (A) of section 4511.204 of the Revised Code will be
authorized to issue a ticket, citation, or summons to that
operator for that violation or to cause the arrest of or commence
a prosecution of such an operator for a violation of that
division.
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