Ohio: Cell phone laws, legislation

Cell phone, text messaging news: Toledo and Cleveland have banned text messaging while driving. State legislators have a half dozen cell phone- and texting-related bills to consider.

Current prohibitions:
No statewide limits on cell phone use. Local ordinances include the Cleveland and Toledo bans on texting and driving.

Pending legislation (2009-10):
Ohio House Bill 415: Would outlaw text messaging by all drivers in Ohio. Primary offense. $150 fine. Approved by the House Public Safety Committee on March 10. (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.

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.

Rep. Connie Pillich, D-Montgomery, says she’s about to introduce a bill seeking an Ohio ban on text messaging while driving. Pillich said Aug. 4, 2009, that she was seeking co-sponsors for the anti-texting measure.

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).”

Columbus looks like the next Ohio city to ban text messaging while driving. City Councilman Andrew Ginther is prepping legislation that would call for primary enforcement and $150 fines.

City/county legislation and laws:
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.

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 will be 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 takes 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 is drafting laws that would prohibit texting and perhaps use of handheld cell phones while driving. City prosecutor Laura Alkire told the Sandusky Register that texting legislation at the state level was bogged down and called for secondary enforcement, only.

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 as of 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 Olmstead appears ready to adopt a text messaging while driving ban, to go with its handheld cell phone law. A final vote is expected Oct. 6, 2009.

Cleveland ban: Driving while texting became illegal in Cleveland as of July 19, 2009. The City Council approved the plan 19-2 on April 13. Fines start at $100, increase to $250 for second violations and then $500 for all subsequent citations. Councilman Zach Reed authored the legislation. The city launched a public awareness campaign regarding the new law on June 29.

Cleveland’s City Council also passed a resolution April 13 calling for the state Assembly to enact a text messaging ban for motorists.

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.

The city of Brooklyn, Ohio, is considering a ban on texting while operating a motor vehicle.

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.”