The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 99 As Reported by the Senate Highways and Transportation CommitteeAs Reported by the Senate Highways and Transportation Committee
129th General Assembly | Regular Session | 2011-2012 |
| |
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 sections 4508.02 and 4511.093 and to enact
sections 4511.204 and 4511.205 of the Revised Code
to prohibit driving a vehicle while writing,
sending, or reading a text-based communication on
a handheld electronic wireless communications
device and to establish the violation as a
secondary traffic offense; to prohibit a person
who is less than 18 years of age from using, in
any manner, an electronic wireless communications
device while driving; 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 sections 4508.02 and 4511.093 be amended and
sections 4511.204 and 4511.205 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. 4511.093. (A)(1) No law enforcement officer who stops
the operator of a motor vehicle in the course of an authorized
sobriety or other motor vehicle checkpoint operation or a motor
vehicle safety inspection shall issue a ticket, citation, or
summons for a secondary traffic offense unless in the course of
the checkpoint operation or safety inspection the officer first
determines that an offense other than a secondary traffic offense
has occurred and either places the operator or a vehicle occupant
under arrest or issues a ticket, citation, or summons to the
operator or a vehicle occupant for an offense other than a
secondary offense.
(2) A law enforcement agency that operates a motor vehicle
checkpoint for an express purpose related to a secondary traffic
offense shall not issue a ticket, citation, or summons for any
secondary traffic offense at such a checkpoint, but may use such a
checkpoint operation to conduct a public awareness campaign and
distribute information.
(B) As used in this section, "secondary traffic offense"
means a violation of division (A) or (F)(2) of section 4507.05,
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A)
of section 4511.204, division (C) or (D) of section 4511.81,
division (A)(3) of section 4513.03, or division (B) of section
4513.263 of the Revised Code.
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 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 a handheld 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 a
handheld electronic wireless communications device in that manner
in the course of the person's duties;
(3) A person using a handheld electronic wireless
communications device in that manner whose motor vehicle is in a
stationary position and who is outside a lane of travel;
(4) A person reading, selecting, or entering a name or
telephone number in a handheld 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;
(10) A person using a handheld electronic wireless
communications device in conjunction with a voice-operated or
hands-free device feature or function of the vehicle.
(C) Notwithstanding any provision of law to the contrary, no
law enforcement officer shall cause an operator of an automobile
being operated on any street or highway to stop the automobile for
the sole purpose of determining whether a violation of division
(A) of this section has been or is being committed or for the sole
purpose of issuing a ticket, citation, or summons for a violation
of that nature or causing the arrest of or commencing a
prosecution of a person for a violation of that nature, and no law
enforcement officer shall view the interior or visually inspect
any automobile being operated on any street or highway for the
sole purpose of determining whether a violation of that nature has
been or is being committed.
(D) Whoever violates division (A) of this section is guilty
of a minor misdemeanor.
(E) 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.
(F) 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;
(d) A computer, including a laptop computer and a computer
tablet;
(e) Any other substantially similar wireless device that is
designed or used to communicate text.
(2) "Voice-operated or hands-free device" means a device that
allows the user to vocally compose or send, or to listen to a
text-based communication without the use of either hand except to
activate or deactivate a feature or function.
(3) "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.
Sec. 4511.205. (A) No holder of a temporary instruction
permit who has not attained the age of eighteen years and no
holder of a probationary driver's license shall drive a motor
vehicle on any street, highway, or property used by the public for
purposes of vehicular traffic or parking while using in any manner
an electronic wireless communications device.
(B) Division (A) of this section does not apply to either of
the following:
(1) A person using an electronic wireless communications
device 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 using an electronic wireless communications
device whose motor vehicle is in a stationary position and the
motor vehicle is outside a lane of travel;
(3) A person using a navigation device in a voice-operated or
hands-free manner who does not manipulate the device while
driving.
(C)(1) Except as provided in division (C)(2) of this section,
whoever violates division (A) of this section shall be fined one
hundred fifty dollars. In addition, the court shall impose a class
seven suspension of the offender's driver's license or permit for
a definite period of sixty days.
(2) If the offender previously has been convicted of a
violation of this section, whoever violates this section shall be
fined three hundred dollars. In addition, the court shall impose a
class seven suspension of the offender's driver's license or
permit for a definite period of one year.
(D) As used in this section, "electronic wireless
communications device" includes any of the following:
(1) A wireless telephone;
(2) A personal digital assistant;
(3) A computer, including a laptop computer and a computer
tablet;
(4) A text-messaging device;
(5) Any other substantially similar electronic wireless
device that is designed or used to communicate via voice, image,
or written word.
Section 2. That existing sections 4508.02 and 4511.093 of
the Revised Code are hereby repealed.
Section 3. 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 section 4511.204 or 4511.205 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
section 4511.204 or 4511.205 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
section 4511.204 or 4511.205 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.
|