(A) No person shall drive a motor vehicle, trackless trolley, or streetcar 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. This is considered a primary offense.
(B) No holder of a temporary instruction permit who has not attained the age of 18 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. Division (C)(4) of this section is not applicable to persons under the age of 18 years of age. This is considered a primary offense.
(C) Division (A) and (B) 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, who is over the age of 18 years of age, 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.
(D) (1) Whoever violates division (A) and (B) of this section is guilty of a minor misdemeanor and shall be fined no more than $150. In addition, if the driver is under the age of 18, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of 60 days.
(2) If the offender previously has been convicted of a violation of this section, whoever violates this section shall be fined not more than $300. In addition, if the driver is under the age of 18, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of one year.
(E) 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; or
(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.
(Ord. 22-2012, passed 1-9-13)