331.51 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.

   (b)   Subsection (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 subsection (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 subsection (a) of this section is guilty of a minor misdemeanor.

   (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" 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.
(ORC 4511.204)

331.52 USE OF ELECTRONIC WIRELESS COMMUNICATION DEVICE PROHIBITED WHILE DRIVING.

   (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)   Subsection (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 subsection (c)(2) of this section, whoever violates subsection (a) of this section shall be fined one hundred fifty dollars ($150.00). 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 person previously has been adjudicated a delinquent child or a juvenile traffic offender for a violation of this section, whoever violates this section shall be fined three hundred dollars ($300.00). In addition, the court shall impose a class seven suspension of the person's driver's license or permit for a definite period of one year.

   (d)   The filing of a sworn complaint against a person for a violation of Ohio R.C. 4511.205 does not preclude the filing of a sworn complaint for a violation of a substantially equivalent municipal ordinance for the same conduct. However, if a person is adjudicated a delinquent child or a juvenile traffic offender for a violation of Ohio R.C. 4511.205 and is also adjudicated a delinquent child or a juvenile traffic offender for a violation of a substantially equivalent municipal ordinance for the same conduct, the two offenses are allied offenses of similar import under Ohio R.C. 2941.25.

   (e)   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.
(ORC 4511.205)

331.53 VEHICULAR OPERATION ON STREET CLOSED DUE TO RISE IN WATER LEVEL.

   (a)   No person shall operate a vehicle on or onto a public street or highway that is temporarily covered by a rise in water level, including groundwater or an overflow of water, and that is clearly marked by a sign that specifies that the road is closed due to the rise in water level and that any person who uses the closed portion of the road may be fined up to two thousand dollars ($2,000).

   (b)   A person who is issued a citation for a violation of subsection (a) hereof is not permitted to enter a written plea of guilty and waive the person’s right to contest the citation in court, but instead must appear in person in the proper court to answer the charge.

   (c)   (1)   Whoever violates subsection (a) hereof is guilty of a minor misdemeanor.

      (2)   In addition to the financial sanctions authorized or required under Section 501.99 and to any costs otherwise authorized or required under any provision of law, the court imposing the sentence upon an offender who is convicted of or pleads guilty to a violation of subsection (a) hereof shall order the offender to reimburse one or more rescuers for the cost any such rescurer incurred in rescuing the person, excluding any cost of transporting the rescued person to a hospital or other facility for treatment of injuries, up to a cumulative maximum of two thousand dollars ($2,000). If more than one rescuer was involved in the emergency response, the court shall allocate the reimbursement proportionately, according to the cost each rescuer incurred. A financial sanction imposed under this section is a judgment in favor of the rescuer and, subject to a determination of indigency under division (B) of Ohio R.C. 2929.28, a rescuer may collect the financial sanction in the same manner as provided in Ohio R.C. 2929.28.

   (d)   As used in this section:

      (1)   “Emergency medical service organization”, “firefighting agency” and “private fire company” have the same meanings as in Ohio R.C. 9.60.

      (2)   “Rescuer” means a state agency, political subdivision, firefighting service, private fire company, or emergency medical service organization.

         (ORC 4511.714.)

331.54 WEARING EARPLUGS OR EARPHONES PROHIBITED.

   (a)   As used in this section:

(1)   “Earphones” means any device that covers all or a portion of both ears and that does either of the following:

A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;

B.   Provides hearing protection.

“Earphones” does not include speakers or other listening devices that are built into protective headgear.

(2)   “Earplugs” means any device that can be inserted into one or both ears and that does either of the following:

A.   Through either a physical connection to another device or a wireless connection, provides the listener with radio programs, music, or other information;

B.   Provides hearing protection.

   (b)   No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears.

   (c)   This section does not apply to:

(1)   Any person wearing a hearing aid;

(2)   Law enforcement personnel while on duty;

(3)   Fire Department personnel and emergency medical service personnel while on duty;

(4)   Any person engaged in the operation of equipment for use in the maintenance or repair of any highway;

(5)   Any person engaged in the operation of refuse collection equipment;

(6)   Any person wearing earphones or earplugs for hearing protection while operating a motorcycle.

   (d)   Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(ORC 4511.84)

331.99 PENALTY.

   (EDITOR’S NOTE: See Section 303.99 for general Code penalty if no specific penalty is provided.)