Ohio: Cell phone laws, legislation
Last updated: February 2, 2012 · Print this report · Comment
Cell phone, text messaging news: A bill that would ban text messaging while driving remains stalled in the Senate Highways and Transportation Committee. Senate President Tom Niehaus told reporters in early February that the bill is unlikely to advance unless more senators register their support. AAA plans to lobby senators on behalf of the legislation.
The Transportation Committee heard testimony Nov. 16 on House Bill 99, the texting & driving measure. A man who lost his daughter in a crash allegedly caused by a texting driver was among the witnesses.
Ohio’s House approved the distracted driving measure June 28 in an 88-10 vote. The Senate committee chairman already has warned that the panel will be “treading carefully” on the issue.
Also stalled is SB 35, which seeks to prohibit use of handheld communications while driving (hands-free operation OK.)
Kettering is the latest Ohio municipality to ban text messaging while driving, via a unanimous City Council vote taken in late December 2011. The law went into effect Jan. 3 but tickets won’t be written before June. The mayor noted that House Bill 99 “doesn’t seem to be moving through the Senate very quickly.”
Current prohibitions:
- No statewide limits on cell phone use or text messaging.
- Toledo, Columbus, Delaware, Belpre, Berea and Zanesville are among the many Ohio cities that have banned text messaging while driving (more cities below).
Distracted driving notes (2012):
A spokesman for AAA East Central said of HB 99: “We’re discouraged, but not defeated.” AAA has set up a toll-free number that allows residents to speak their minds about distracted driving to representatives: 855-BAN-TEXT (855-226-8398).
The Senate Transportation Committee chairman, state Sen. Tom Patton, R-Strongsville, reportedly is be open to legislation prohibiting young drivers from texting and using cell phones.
Ohio distracted driving legislation (2011-2012):
House Bill 99: Would prohibit the driver of a motor vehicle from texting on an electronic wireless communications device. Includes streetcars and trolleys. Fines up to $150. Provides for six-month warning period. Approved by the House Transportation, Public Safety & Homeland Security Committee in a unanimous vote taken March 30. Approved by the House in an 88-10 vote taken June 28. Latest legislative action: Senate Transportation Committee hearing on Nov. 16 (no vote). (Damschroder, Garland)
SB 35: Would ban use of handheld communications devices while driving. Hands-free cell phone use OK. Includes streetcars and trolleys. Secondary enforcement. Fine: $30. Bill has not budged since being filed in the Highways & Transportation Committee on Feb. 1. (Tavares)
2011 distracted driving notes:
Fairview Park has enacted a ban on texting while driving with primary enforcement status. Fines $100/$250/$500. The law was pushed through on first reading Dec. 19, in order to help cut down on holiday accidents.
Louisville, Ohio, is considering a ban on text messaging and accessing the Internet while driving in city limits. “I feel that if more local government bodies pass ordinances to prohibit this dangerous behavior, the legislators in Columbus will take notice and create a statewide law,” said council member Guy Guidone, who presented the plan Dec. 5.
Wauseon’s ban on texting while driving went into effect in mid-November. It’s a minor misdemeanor, but serial offenders and distracted drivers causing accidents will faces fines of up to $500 and 60 days in jail. The local police chief said the city would no longer wait for the Ohio Legislature to act. “Enough is enough,” he told the Toledo Blade just before the unanimous Oct. 17 vote. The ordinance also covers use of the Internet via devices such as smartphones and laptops.
AAA and Clear Channel Outdoors have teamed up for billboards in support of HB 99. In addition to the message “dnt txt n drv,” motorists are given a toll-free number — 855-BAN-TEXT — that will connect them to their state senators. Of course, that call will have to wait if drivers are alone. About 70 billboards are being erected statewide.
Ohio HB 99 outlook: “I think we’ll get it passed through the House,” said AAA lobbyist Ric Oxender (it did pass). “The Senate will be a little more difficult, but it’s doable.”
“One more town like Wauseon passing the bill against texting makes it more important that we pass this because that increases the patchwork (of local laws) across the state,” said HB 99 co-sponsor Rep. Rex Damschroder, R-Fremont.
Worthington’s City Council rejected a proposal to ban handheld cell phone use by drivers on July 18. One lawmaker feared the city image would suffer if it handed out tickets to unknowing non-residents (as in a speed trap) while another said the legislation smacked of “a police state.”
AAA East Central’s Brian Newbacher testified in support of HB 99 before the House Transportation Committee on March 16: “Texting while driving is the most dangerous of all distractions behind the wheel. It therefore merits special attention with its own law and enforcement and education programs.”
AAA East Central has asked supporters of distracted driving legislation to contact their legislators. “We’re reasonably optimistic that we’ll have passage (of a no-texting law) in the next two years,” a spokesman said in January.
The city of Dublin has banned texting while driving. Misdemeanor with primary enforcement. Fines of $150 and possible jail time. The City Council vote came Feb. 14. Councilman Mike Keenan pushed for the new law after his daughter lost a friend in a distracted driving accident.
AAA East Central asks supporters of distracted driving legislation to contact their legislators. “We’re reasonably optimistic that we’ll have passage (of a no-texting law) in the next two years,” a spokesman said in January.
The city of Berea has banned texting while driving, but enforcement is secondary, requiring police to have another reason to stop a motorist. The vote came in mid-January 2011.
Distracted driving 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’s ban on text messaging while driving is now being enforced. A majority of council members voted Sept. 10, 2010, to outlaw texting and accessing the Internet while behind the wheel. The distracted driving ordinance took effect 30 days later with $100 and up fines. “It’s a question of safety on the streets; it’s not rocket science,” said Councilman Chris 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. The new Cincinnati distracted driving law also outlaws Internet use while driving but does not affect cell phone use.
Cleveland Heights has banned texting while driving in city limits. Fines $100 then $250 and $500. The law was approved Sept. 20, 2010.
Delaware, Ohio, has banned text messaging and use of the Internet while driving. Fines $150. The distracted driving ordinance was approved June 29, 2010. The ban was based on Columbus’ law.
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. In the first six months, 24 citations were written.
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.
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. 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 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.
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 wasn’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!
They now need to put “safe mobile device usage stop points” on the side of the road on the highways. Cause i’m not getting off on an exit 5 miles down the road just to return an important missed business call while i’m commuting or on the job
Good job, Ohio! Finally responding to the fact that people suck at driving when on a cell phone. I’ve lived in South Carolina, and just moved from Hawaii, (two of the worst places in the country for driver’s competence…its a statistical fact) and I’m appalled by the driving in Columbus. And if you “have to answer your phone” or “have to talk” while commuting (waaahhhhh)? Then buy a bluetooth! I have one…it was expensive when I got it. Now, you can get then for $30 from nearly anywhere. You can even get them cheaper if you just get a wired headset that you plug into your phone. It comes down to this: Anyone (myself included) is a fool if they think they can talk (with a handset) and NOT have it impact their driving.
Wednesday, we were rear ended while stopped in traffic on I-480 by a guy on a cell phone at 60 MPG. He never hit his brakes. This new law is too lenient. The penalties should be more severe than DUI laws. Alcohol is a disease, cell phones are not.
Something has to be done about this issue. Just found out on Nov. 3, 2010 the cause of an accident that took my sons life. The driver was Texting while Driving. Am I angry? Absouletly! Am I going to fight for statewide legislation and laws? You can count on it! MaMa Bear on a Mission.
Exactly what would be the DOWNSIDE of banning all cell phone usage while driving? What are we afraid of anyway? Belive it or not people will not die because they cannot use the phone for a few minutes – Jeeeeeez. But people are dying every day because we think we need to.
In the UK the cell phone is totally banned while driving……It works just fine for everyone in that country.
With a new governor in office, I hope that cell phone and texting laws while driving are enacted sooner than later. No further studies need to be done and the money collected from the fines should help. In additon, this may modify some behavior but there will be repeat offenders. Let’s not waste any time and get the laws on the books like in NY and MD, for example.
kc on November 18th, 2010 12:36 pm
In the UK the cell phone is totally banned while driving……It works just fine for everyone in that country.
Then move to England. I’m furious with the nonsense. Let’s ban radios in cars too because it “distracts” drivers. I’m so sick and tired of people who can’t do more than one thing at once while driving complaining about it. I dont give a hoot if there is a law banning texting. I’ll keep doing it. There are laws against speeding and we all do it daily…who cares? For the few times I get caught I will get out thousands of texts.
Thanks for your time
Yes ban texting while driving and talking cell phone.
Unenforceable as written, The only way to eliminate mobile wireless usage must be done by the service providers. With current technology mobile equipment incorporating GPS, communication devices could be suspended from operating while in motion. This can only be done by legislation, but too many $$$$ at stake for service providers. Doubt if ever would be considered. Other words the companies would buy off the politicians.
Why is Ohio taking its good old time analyzing this issue? Furthermore, when the law does go into effect (sooner than later), it needs to be a PRIMARY offense not a SECONDARY offense. Stop dragging on this legislation already!!
How many more innocent people will have to die before the state of Ohio WAKES UP and bans cellphone use while in control of a motor vehicle? What’s it going to take???
http://www.toledoblade.com/local/2011/03/10/3-killed-in-Airport-Hwy-crash.html
We believe that we were rear ended by a teen using a cell phone/texting on Jan. 25th, 2011, in Nankin, OH. (just northeast of Ashland, OH) We were completely sitting still, waiting for oncoming traffic about 6-8 seconds when we were hit from behind. Our tail lights, brake lights, and turn signal flashing were on, and yet the 17 year old girl, did not see us. We asked the Ashland prosecutor’s office to investigate, but due to no law against cell phone use while driving, they could not persue the matter for us.
God grant us the serentity to accept the things we cannot change and the courage to change the things we can, and the wisdom to know the difference.
My beautiful five-year-old granddaughter was killed in a car accident on August 15, 2011 by a woman who was using her cell phone. My son was stopped to let a deer cross the road. There were no obstructions. It was a clear day on a straight, flat road. She rear-ended their van going 55-60 mph and never touched the brakes.
DISTRACTED DRIVING KILLS!!!
@Fred Burton, Jr.
I hope to God you never have to endure the pain that our family has had to endure.
I am all for banning cell phone usage while driving. Pull off the road and talk.
I honestly hope they ban all hand held use while driving. I’m so sick of people on their cell phone while cutting me off, stopping short, swerving, failing to stop or sitting at green lights for no reason. When on my motorcycle, I can’t describe how many people have nearly killed me because they’re on the phone. I’ve been pushed into the emergency lane on the freeway several times by talkers – when I see them, I instantly red flag them as dangerous to myself. And I really don’t care if a ‘small minority’ are able to talk/txt “just fine”.
I’m researching an article on kids & cell phones & am SHOCKED that Ohio hasn’t passed a state-wide law yet. I lived in NY and OR til last year where cell/texting is illegal while driving (hands free okay.) I was wondering about all of the irresponsible driving I’ve seen since I moved. On my way to a meeting last night the average was 3 out of 5 drivers yapping on cell phones–within the seven miles I drove to the mtg! This is out of control. Texting and hands-on cell use should be a primary offense.
I agree with Glynis. I don’t understand the holdup because it’s a no-brainer. Excuses need to stop being made about not having cell/texting laws. SB 35 and SB 99 both need to be passed and enforced now. The motorists who are against the laws DON’T HAVE TO LIKE THEM!!
Actually, you’re not supposed to stop on the road and let a deer cross. If it’s in the road, you hit it. You do not swerve to miss it and you do not stop. That is what is taught in driver’s ed these days. Unless there is no one around you, you should keep on going.
And for the person who said they wanted the police to investigate the 17 year old girl who rear ended them… let me guess, just because she was 17, you automatically assumed that she was texting, right? People these days…
And I’m going to guess that NONE of you text and drive (except for the guy who admitted it… xD)… right? None of you? That’s bull. Everyone does it, unless they don’t have a cell phone. Either way, we all drive distracted. If you’re paying attention to the people beside you rather than the road in front of you, that’s distracted driving. It’s not just cell phones, people. Think about it.
And I’m not stating my views on this, so don’t be all like, Well, she is clearly against the bills then. I am not for or against them. People will do what they want so why’s it going to matter what the law says.
As a member of Louisville City Council, last night I presented sample legislation to my colleagues to make it illegal to send, read or write a text message or access the internet while operating a motor vehicle inside the municipal boundaries of the city. I feel that if more local government bodies pass ordinances to prohibit this dangerous behavior, the legislators in Columbus will take notice and create a statewide law.
So, as I was stuck at a RED LIGHT, I texted some one (shoot me..I know). Was pulled over no less than 30 seconds later by a Rocky River policeman who went on a tirade about the dangers of texting while driving. Mentioning the driver who killed someone in Hudson, mocking my resonse to “no” when asked if I knew it was illegal to ” even take your eyes off the road”, swearing unprofessionally and telling me he should write me a ticket. Which lead me to google the actual law (and here) and technically, based on HB 99, police arent able to issue tickets (in non banned already ordinances) until 12/28/2011.
Unfortunately, Im sick and didnt feel like debating the finer points of this bill with him but this bill clearly caveats plenty of exceptions where taking your “eyes off the road” is perfectly acceptable (I.e. “For navigational purposes”) He even explained its completely “ok” to eat, drink, and talk on the phone while driving since your eyes don’t “need” to leave the road…
Call me crazy, but Im pretty sure cars not built with steering wheel radio station seekers, require a slight eye movement. So does putting your drink back into a holder, looking at a GPS, and many other things. Yes Im being “nit-picky” but my point is, bad things are going to happen on the road. Should we be doing 90 miles an hour on the freeway texting our autobiography? probably not.. but when your sitting at a red light, common sense should dictate appropriate reactions.
Thanks for the comment, K. House Bill 99 has not been approved by the Senate and will not take effect this year, if ever.
HB 99 and SB 35 BOTH need to be passed and ENFORCED soon. It’s a matter of safety not politics or special interests of cellular phone companies. Furthernmore, this State can use the fine money for needed bolstering law enforcement and other worthwhile expenses. If NY and other states can pass cell phone legislation (and enforce it), WHY NOT Ohio statewide?
Several years ago I approached the mayor in the city in which I live and asked him about getting texting and cell phone use while driving legislation passed. He said that he could not support it because he wants to see a State law “with some bite to it.” Lame to say the least, he may be one of those who talks on the phone when he drives. Also, saw a State Senator (from the license plate) on the phone while driving and let’s say that he would fail miserably if he were taking his driving exam.