(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 minor misdemeanor.
(e) A prosecution for a violation of this section does not preclude a prosecution for a violation of R.C. § 4511.204 based on the same conduct. However, if an offender is convicted of or pleads guilty to a violation of this section and is also convicted of or pleads guilty to a violation of R.C. § 4511.204 based on the same conduct, the two offenses are allied offenses of similar import under 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. 18-018. Passed 9-4-18.)
Statutory reference:
Driving while texting, see R.C. § 4511.204
No preemption for local regulations imposing greater penalties, see Ohio R.C. 4511.204(E)