Bill Text: OH HB99 | 2011-2012 | 129th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-08-31 - Effective Date [HB99 Detail]

Download: Ohio-2011-HB99-Engrossed.html

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As Passed by the House

129th General Assembly Regular Session 2011-2012

Am. H. B. No. 99

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 

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A BILL

To amend section 4508.02 and to enact section

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4511.204 of the Revised Code to prohibit driving a

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vehicle while writing, sending, or reading a

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text-based communication on an electronic wireless

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communications device and to require driver

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education courses to include instruction in the

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dangers of texting while driving.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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.

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(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
tractors, trailers, and semi-trailerssemitrailers.	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;

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(7) A person using a device for navigation purposes;

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(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:

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(1) "Electronic wireless communications device" includes any	74
of the following:	75

(a) A wireless telephone;

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(b) A text-messaging device;

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(c) A personal digital assistant;

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(d) A computer;

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(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.

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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