H.B. 266

128th General Assembly

(As Introduced)

Reps.     Koziura, Boose, Boyd, Brown, Celeste, Domenick, Hagan, Murray, Okey, Pryor, Ujvagi, B. Williams

BILL SUMMARY

· Generally prohibits driving a vehicle while using a handheld or manually operated mobile communication device.

· Establishes exceptions to the prohibition, including for emergency situations and vehicles outside a lane of travel.

CONTENT AND OPERATION

The bill prohibits a person from driving 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 (R.C. 4511.204(A)).  The bill defines "mobile communication device" to include a wireless telephone, text-messaging device, personal digital assistant, computer, or any other substantially similar wireless device that is designed or used to communicate voice, text, or data (R.C. 4511.204(D)).

The bill provides that the prohibition discussed above 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; or

(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 (R.C. 4511.204(B)).

Under the bill, whoever violates the prohibition discussed above must be fined $25 on a first offense, $50 on a second or third offense, and $100 on a fourth or subsequent offense (R.C. 4511.204(C)).

HISTORY

ACTION	DATE
Introduced	08-06-09

h0266-i-128.docx/kl