Chris Runyan
OCA President
On the last day of the 134th General Assembly, the Ohio Legislature overwhelming approved distracted driving legislation and Gov. DeWine signed the bill on January 3rd. The bill that has now become law took several years to finally obtain passage. And, while it includes several exemptions that watered down the impact of the legislation, it contains many provisions that will make Ohio’s roads a safer place for the motoring public and for the men and women who work to construct and maintain our highways and bridges.
Following are some of the key features of the law:
- Senate Bill 288’s distracted driving provisions expand Ohio’s current law to create a general hands-free law, rather than merely a prohibition against texting while driving. The bill prohibits, in most circumstances, a person from using, holding, or physically supporting, with any part of the person’s body, any Electronic, Wireless Communications Device (EWCD) while operating a motor vehicle on Ohio’s roadways.
- It also makes a violation of the prohibition a primary, rather than secondary, offense. Enactment of SB 288 will make Ohio the 47th state in America to have primary enforcement for texting and expands that enforcement to include watching, streaming, shopping, posting, gaming, or any other interaction on your phone not subject to the stated exceptions. When enacted, any driver in Ohio could get pulled over and cited for holding or using a phone while the car is in motion, unless it is touching their ear.
- The most egregious offenders can now be stopped when watching Netflix as they drive, reading the news, scrolling through Facebook, posting on Twitter, making a TikTok video, watching an NFL game, changing a fantasy football lineup, ordering food on an app, browsing the weather, responding to a work email, texting a friend, making a calendar appointment, buying concert tickets, or any other interaction on an EWCD not subject to the stated exceptions.
- This law is practical and proven to be effective in reducing traffic crashes, injuries and fatalities. States that have adopted these laws have seen a 15% decrease in fatalities within two years, with some states experiencing even more dramatic decreases. • This law will take effect in the fall. Leading up to it, law enforcement will issue only warnings for the first six months while at the same time a statewide education campaign takes place highlighting the dangers of distracted driving and educating the public before citations are issued.
- If you are cited for a first offense, you can elect to take a one-hour course and not receive a fine or points. The purpose of this course is to hear from victims, safety advocates and real circumstances in which a phone caused a life-ending crash. Subsequent citations will incur successively increasing financial penalties and points on your license.
Every company, including yours, should now be planning on implementing company policies that address distracted driving for company-owned vehicles and personal vehicles that are used for company business. If you already have this type of policy, be sure to review it for compliance with the new law. You may want to give serious consideration, as a company policy, for closing some of the exceptions that were included by the legislature. All of us need to be reminded that we need more eyes on the road and not on our phones as we drive. Driving is a privilege and having the willpower to not look at your phone will save lives.