Ohio: Cell phone laws, legislation
Last updated: August 28, 2010 · Print this report
Cell phone, text messaging news: The House voted March 24 to ban text messaging while driving in Ohio. The Senate is considering similar legislation.
Current prohibitions:
- No statewide limits on cell phone use or text messaging.
- Toledo, Columbus, Delaware, Belpre and Zanesville are among the Ohio cities that have banned text messaging while driving (more cities below).
Pending legislation (2009-10):
Ohio House Bill 415: Would outlaw text messaging by all drivers in Ohio. Primary offense. $150 fine after six-month warning period. Approved by the House Public Safety Committee on March 10 and then by the full House on March 24 (86-12 vote). Sent to the Senate. (DeBose, Garland)
Ohio House Bill 266: Would prohibit drivers from using mobile communications devices, including cell phones (unless a hands-free attachment is employed). Also applies to streetcars.
Ohio House Bill 261: Seeks to outlaw text messaging by all drivers. Includes typing on cell phones, PDAs and laptops.
Ohio House Bill 262: Would ban use of handheld cell phones and text messaging while driving.
HB 270: Seeks to ban text messaging by all drivers in Ohio.
HB 130: Would prohibit drivers under 17 who have restricted licenses from talking on cell phones or text messaging. (No apparent activity on this bill as of August 2009.)
Ohio Senate Bill 164: Would outlaw text messaging by all drivers. Secondary enforcement.
Legislation notes:
Sponsors of HB 415, approved by the House safety panel, used the U.S. Department of Transportation’s model distracted driving legislation as a guide.
Rep. Joseph Koziura, D-Lorain, is the sponsor of HB 266, which seeks to make use of mobile handheld devices while driving a primary offense. Fines range from $25 to $100 depending on past offenses. The legislation has bipartisan backing, with 11 co-sponsors.
Rep. Michael DeBose, D-Cleveland, is the author of House Bills 261 and 262. They call for fines of $250 with more severe sanctions for causing an accident while texting or cell phoning. Both are designed for secondary enforcement, meaning law officers need another reason to pull over a driver, such as running a red light.
HB 262 as filed does not cite use of hands-free devices as an exception to the cell phone ban.
Sen. Shirley Smith, D-Cleveland, sponsored SB 164, with fines of $200 for first-time offenders and $500 for subsequent offenses. Two or more violations require 100 hours of community service. The Ohio text messaging bill calls for primary enforcement.
Regarding a state of an Ohio text-messaging ban for drivers, Rep. Jay Hottinger, R-Newark, told the Newark Advocate: “I think it’s a matter of time. Because I think you’re going to see more accidents (caused by texting).”
City/county legislation and laws:
Cincinnati: The City Council has voted to ban texting while driving. Councilman Chris Bortz’s motion requires the city administration to draft an ordinance for the council. It apparently will be modeled after the ban in Columbus. The motion was OK’d in the public safety committee on June 29 and by the City Council the next day. “It’s a question of safety on the streets; it’s not rocket science,” said Bortz, who pushed for a ban on texting last year, but failed to gather enough votes. This year there are three new council members, leaving Councilman Chris Monzel alone in his resistance to the ban.
Delaware, Ohio, has banned text messaging and use of the Internet while driving. Fines $150. The ban takes effect 30 days after the June 29, 2010, vote.
Gahanna upgraded fines for its ordinance against distracted driving/failure to have vehicle under control. They now are $250 and and up to 30 days in jail. City officials said the tougher penalties were designed to send the signal that text messaging and driving would not be tolerated.
Worthington’s ban on text messaging while behind the wheel took effect July 14, 2010. Primary enforcement. Fines $150 (first offense) then $500/$1000. The City Council rejected a last-minute bid to outlaw handheld cell phone use by drivers, but plans to readdress the issue Sept. 14.
Belpre has outlawed texting while driving. The legislation passed its third reading before the City Council on May 24, 2010. Fines from $150 to $500 and up to 60 days in jail. Primary enforcement.
Columbus has outlawed text messaging while driving. The law provides for primary enforcement and $150 fines. The distracted driving law went into effect May 5, 2010. City Councilman Andrew Ginther authored the legislation, which was approved in early April.
Hilliard lawmakers voted May 24, 2010, to enact a ban on text messaging by drivers.
Lyndhurst is considering banning cell phone use by drivers under age 18. The city banned texting while operating a motor vehicle in November 2009.
New Albany began consideration of a ban on text messaging behind the wheel in March.
South Euclid councilmen voted Jan. 25, 2010, to ban handheld cell phone use and text messaging by drivers. The council also outlawed use of computers while driving. The law is slated to go into effect April 1. Fines $100/$250/$500.
Highland Heights‘ police chief has been told to research a citywide ban on texting. The chief had multiple reservations about a local law. There has been no action since a possible ban was discussed in February 2010.
North Royalton has outlawed text messaging while driving in city limits. Violations will be a primary offense, meaning police can pull over violators for that reason alone. The ordinance was approved Dec. 15, 2009.
Toledo’s City Council approved a ban on text messaging while driving in city limits on Nov. 24. Texting behind the wheel is now a primary offense, meaning police can pull over drivers for that reason alone. Mayor Carty Finkbeiner proposed the anti-texting law in August. The law took effect on Jan. 1, 2010.
Summit County has approved a ban on text messaging for all drivers. It is the first country texting ban in Ohio, but it does not include Akron. The anti-texting law, which calls for $150 fines, was voted in on Oct. 19, 2009.
The city of Huron has prohibited texting while driving. Fines start at $150 and take effect in mid-August 2010.
The city of Cincinnati was considering a plan to ban texting while driving, authored by Councilman Chris Bortz. Fines for text messaging while driving in Cincinnati would range from $100 to $500. The plan was opposed by the Council’s law committee on Aug. 4, with the usual enforcement and personal freedom concerns cited. Sponsor Bortz says he’ll try to get enough votes to bring the measure before the full Council. (Update: No Cincinnati ban was approved in 2009 and Bortz continued his campaign in 2010.)
The city of Bexley began enforcing its ban on text messaging while driving on Oct. 21, 2009. The City Council outlawed texting behind the wheel on Sept. 22. As of March 2010, no citations had been written.
The city of Niles has approved a first reading of a ban on driving while using handheld cell phones.
North Olmsted adopted a text messaging while driving ban, to go with its handheld cell phone law. The unanimous vote in favor came on Oct. 6, 2009.
At a March 24, 2009, hearing for the proposed Cleveland ban on texting while driving, Councilman Mike Polensik said text messaging wasn’t a priority in his part of the city: “I would be happy if the hoodlums were texting each other rather than robbing people out on the street.”
Cleveland’s safety director, Martin Flask, said: “This is as much about public awareness as it is enforcement.”
The citizens of Bowling Green actually got to decide their cell phone fates: A vote on whether to ban yakking while driving was cast in May 2009. “I don’t think you could go wrong with the public making a decision,” a city councilman said after the Sept. 16 vote on the vote. “I’ve just got this feeling it’s going to put the community at odds,” the sole opposing representative said. The anti-text messaging measure in Bowling Green was defeated by a clear majority.
Previous cell phone/texting legislation:
HB 425 from the 2007-2008 session would have prohibited drivers from text messaging. It was last seen in committee.
The cell phone industry wass\n’t protesting HB 425: “We certainly wouldn’t take issue with that legislation,” said Joe Farren of CITA-The Wireless Association, the wireless industry lobby in America. “We don’t think anyone should be text messaging while they drive. Public safety is a constant and primary issue here.”
I think the use of cell phones while driving should have been banned a long time ago. Yes, I am guilty of using mine, but if there were a law enforced, it would keep me from using it. I see people everyday nearly cause accidents becuase of cell phone distraction. I am am not sure which one is worse swerving, cutting people off, tailgating, running traffic lights…I have seen it all and 90% of those people are using their cell phones. I am 110% for banning cell phones!!
[...] Royalton as well as Summit County have passed some form of texting laws. You can read about it here. In addition, state legislators have no less than SIX bills percolating right now which might impact [...]
This is insane dudes. Some people can text just fine and drive. Not everybody is so uncoordinated that they can only do one thing at a time. I’m tired of the government stepping in on every last thing. Why dont we worry about catching crooks instead of bugging everyday people just trying to get by.
Thanks for your time
I can completely understand! However there are always distractions! I was in a horrible accident that landed me in the hospital for 6 months because some guy was eating and didn’t see me. What about the women that brush their hair and put makeup on or ones that are messing with the radio? Will they ban those also?
Texting, Twitter and emails are all equally a distraction to drivers. In a recent survey on bad driving habbits, rated those three at a higher risk than drinking while driving.
Ohio has taken a long time react to the need for new legislation. I am afraid Ohio language on the passed legislation will be limited to texting. Twitter usuage is the new trend and is predicted to be the highest usage by cell phone users by January of 2011.
Anyone that believes drivers can read and type while driving are being shallow minded. Every study done by the insurance industry and safety departments show reading and typing on a cell phone as the highest single factor in raisng the risk of an accident.
You spelled North Olmstead incorrectly. Your link to the city uses the historic “Olmstead” spelling but the city’s contemporary spelling is “Olmsted”. I know this has relatively nothing to do with the subject and focus of your website; however, it would be nice if it were edited with the correct spelling in the event someone might not think you are talking about the same location.
I’m somewhat undecided on this issue, yes I think there should be laws regulating the texting and calling on cellphones but at the same time how would police really be able to enforce the law? I mean short of putting a camera in every car sold, I can’t see how the law would be enforced. police would almost have 2 pull over any driver who’s not looking at the road.
Just because people eat and brush their hair and all that while they’re driving doesnt mean that a ban on texting shouldnt be enacted. Nothing “bad” could come from this law, unless you want to assert your right to texting while driving…which is nonexistant.
As for whether eating in the car should be banned…that is a debate for another day.
I think that there should be some type of law forbiding cell phone usage while driving. My brother and I have almost been in multiple accidents due to people talking on their cell phones.
I agree with C. Shaulis although I do not answer my phone while driving. More importantly, what is the legislation waiting for? Pass the cell phone law and texting law statewide so violators can get what they deserve – a fine!