(A) As used in this section and each section referenced in division (B) below, all of the following apply:
DISTRACTED. Doing either of the following while operating a vehicle:
(a) 1. Using a handheld electronic wireless communications device, as defined in R.C. § 4511.204, except when utilizing any of the following:
a. The device’s speakerphone function;
b. A wireless technology standard for exchanging data over short distances;
c. A “voice-operated or hands-free” device that allows the person to use the electronic wireless communications device without the use of either hand except to activate, deactivate or initiate a feature or function; and
d. Any device that is physically or electronically integrated into the motor vehicle.
2. Engaging in any activity that is not necessary to the operation of a vehicle and impairs, or reasonably would be expected to impair, the ability of the operator to drive the vehicle safely.
(b) DISTRACTED does not include operating a motor vehicle while wearing an earphone or earplug over or in both ears at the same rime. A person who so wears earphones or earplugs may be charged with a violation of R.C. § 4511.84.
(c) DISTRACTED does not include conducting any activity while operating a utility service vehicle or a vehicle for or on behalf of a utility; provided that the driver of the vehicle is acting in response to an emergency, power outage or a circumstance affecting the health or safety of individuals.
1. As used in division (A)(3) above:
UTILITY. An entity specified in R.C. § 4905.03(A), (C), (D), (E) or (G).
UTILITY SERVICE VEHICLE. A vehicle owned or operated by a utility.
(B) If the offender violates any section of this chapter, while distracted and the distracting activity is a contributing factor to the commission of the violation, the offender is subject to the applicable penalty for the violation and, notwithstanding R.C. § 2929.28, is subject to an additional fine of not more than $100 as follows:
(1) (a) Subject to Traffic Rule 13, if a law enforcement officer issues an offender a ticket, citation or summons for a violation of any of the aforementioned sections of the Ohio Revised Code that indicates that the offender was distracted while committing the violation and that the distracting activity was a contributing factor to the commission of the violation, the offender may enter a written plea of guilty and waive the offender’s right to contest the ticket, citation or summons in a trial provided that the offender pays the total amount of the fine established for the violation and pays the additional fine of $100.
(b) In lieu of payment of the additional fine of $100, the offender instead may elect to attend a distracted driving safety course, the duration and contents of which shall be established by the Director of Public Safety. If the offender attends and successfully completes the course, the offender shall be issued written evidence that the offender successfully completed the course. The offender shall be required to pay the total amount of the fine established for the violation but shall not be required to pay the additional fine of $100, so long as the offender submits to the court both the offender’s payment in full and such written evidence.
(Ord. 08-19, passed 3-11-2019)