Outline Prepared by Judge Deborah Nicastro 10/18/2018

Distracted Driving 4511.991 [Effective 10/29/2018] "Distracted" defined; violations committed while distracted.

1. Definitions: a. “Distracted" means doing either of the following while operating a vehicle: i. Using a handheld electronic wireless communications device, as defined in section 4511.204 of the Revised Code, except when utilizing any of the following: 1. The device's speakerphone function; 2. A wireless technology standard for exchanging data over short distances; 3. 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; 4. Any device that is physically or electronically integrated into the motor vehicle. ii. 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 time. A person who so wears earphones or earplugs may be charged with a violation of section 4511.84 of the Revised Code. 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. d. “Utility" means an entity specified in division (A), (C), (D), (E), or (G) of section 4905.03 of the Revised Code. e. "Utility service vehicle" means a vehicle owned or operated by a utility. 2. Predicate Offenses: Whoever commits the below offenses while distracted and the distracting activity is a contributing factor to the commission of the violation, is subject to the applicable penalty for the violation and, notwithstanding section ORC 2929.28 (financial sanctions for minor misdemeanors is subject to additional penalties. a. 4511.03 Emergency vehicles at red signal or stop sign. b. 4511.051 Freeways - prohibited acts. c. 4511.12 Obedience to traffic control devices. d. 4511.121 Bypassing vehicle weighing locations. e. 4511.132 Operation at intersections with malfunctioning traffic control signal lights. f. 4511.21 Speed limits - assured clear distance. g. 4511.211 Establishing speed limit on private road or driveway. h. 4511.213 Approaching stationary public safety vehicle displaying emergency light. i. 4511.22 Slow speed. j. 4511.23 Speed limits on bridges. k. 4511.25 Lanes of travel upon roadways of sufficient width. l. 4511.26 Vehicles traveling in opposite directions. m. 4511.27 Overtaking and passing of vehicles proceeding in the same direction n. 4511.28 Overtaking and passing upon the right of another vehicle. o. 4511.29 Driving to left of center of roadway in overtaking and passing traffic proceeding in same direction. p. 4511.30 Driving upon left side of roadway. q. 4511.31 Establishing hazardous zones. r. 4511.32 One-way traffic - rotary islands. s. 4511.33 Driving in marked lanes. t. 4511.34 Space between moving vehicles. u. 4511.35 Divided roadways. v. 4511.36 Rules for turns at intersections. w. 4511.37 Turning in roadway prohibited - exceptions. x. 4511.38 Rules for starting and backing vehicles. y. 4511.39 Turn and stop signals. z. 4511.40 Hand and arm signals. aa. 4511.41 Right-of-way rule at intersections. bb. 4511.42 Right-of-way rule when turning left. cc. 4511.43 Right-of-way rule at through highways, stop signs, yield signs. dd. 4511.431 Stop prior to driving on sidewalk area. ee. 4511.44 Right-of-way at highway from any place other than another roadway. ff. 4511.441 Right-of-way of pedestrian on sidewalk. gg. 4511.451 Right-of way of funeral vehicle. hh. 4511.46 Right-of-way of pedestrian within crosswalk. ii. 4511.47 Right-of-way of blind person. jj. 4511.54 Prohibition against attaching bicycles and sleds to vehicles. kk. 4511.55 Operating bicycles and motorcycles on roadway. ll. 4511.57 Passing on left side of streetcar. mm. 4511.58 Vehicle shall not pass streetcar discharging passengers - exception. nn. 4511.59 Driving and turning in front of streetcars. oo. 4511.60 Driving through safety zone. pp. 4511.61 Stop signs at dangerous highway crossings over railroad tracks. qq. 4511.64 Slow-moving vehicles or equipment crossing railroad tracks. rr. 4511.71 Prohibition against driving upon closed highway. ss. 4511.711 Driving on sidewalk. tt. 4511.712 Obstructing intersection. uu. 4511.713 Use of bicycle paths. vv. 4511.72 Following an emergency or public safety vehicle too closely. ww. 4511.73 Driving over unprotected fire hose. 3. Additional penalty is $100 or attend a distracted driving safety course. Choice of $100 or distracted driving safety course seems to be the offender’s choice. 4. Ticket: Police officer shall designate on the ticket that there was distracted driving which contributed to the offense 5. Waiverable Ticket-Pay the regular waiver amount plus $100 or, in lieu of extra $100, file certificate from distracted driving safety course. 6. Non-waiverable Ticket: Pay the fine normally assessed by the court, plus $100 or, in lieu of extra $100, file certificate from distracted driving safety course.

Added by 132nd General Assembly File No. TBD, HB 95, §1, eff. 10/29/2018.