331.45   TEXTING WHILE DRIVING PROHIBITED.
   (a)   No person shall drive a motor vehicle 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 or to send, read, create or interact with internet-based content, play games or otherwise interact with the internet.
   (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)   Violation of division (a) of this section shall be a primary offense.
   (d)   Whoever violates division (a) of this section is guilty of a misdemeanor of the fourth degree.
   (e)   A prosecution for a violation of Ohio R.C. 4511.204 does not preclude a prosecution for a violation of a substantially equivalent municipal ordinance based on the same conduct. However, if an offender is convicted of or pleads guilty to a violation of Ohio R.C. 4511.204 and is also convicted of or pleads guilty to a violation of a substantially equivalent municipal ordinance based on the same conduct, the two offenses are allied offenses of similar import under Ohio R.C. 2941.25.
   (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.” 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.” 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.
(Ord. 11022-2018. Passed 5-15-18; Ord. 11273-2022. Passed 8- 23-22.)
Statutory reference:
   No preemption for local regulations imposing greater penalties, see R.C. § 4511.204(E)