Distracted driving legislation being debated in Ohio Statehouse

House Bill 283, introduced in the Ohio House Of Representatives by House Assistant Majority Whip Cindy Abrams, R-Harrison, would make distracted driving a primary offense in Ohio.

The bill not only includes cell phones but also tablets, laptops and other handheld electronic devices illegal to use while behind the wheel. 

Ohio is one of four states that does not have a distracted driving law on the books.

Gov. Mike DeWine signed the "Hands-Free Ohio" bill into law last year as a way of strengthening Ohio's laws regarding the use of wireless devices, including smartphones, while driving. It was included as part of the state's 2022-2023 Transportation Budget.

Fix Our Roads Ohio, an advocacy group supporting legislation that improves safety on Ohio roadways, is urging state lawmakers on both sides of the aisle to pass this legislation quickly. One of them is Cherie Hanna whose daughter Kendall was killed in a distracted driving crash just seven blocks away from her home near Columbus. 

Hanna said Kendall was using her cell phone while driving when she was involved in a single-car crash. The force of that crash caused her car to flip over. Kendall was ejected from her car because she was not wearing a seatbelt. Hanna pleaded with teens and adults to put down those electronic devices before hitting the road.

"The hardest thing in the world was burying my child and I can't give up on other people's children and their families today and that's why I live in my daughters voice because she's voiceless," Hanna said. "I'm her mother and I will share her story in life or death, that's my job."

According to data released by Columbus-based Nationwide Insurance, while travel was down nearly 17 percent last year, mostly due to the coronavirus pandemic, the number of traffic deaths rose by 82, or 7%,  to 1,237 compared with 1,155 in 2019.

Here's what's all included in House Bill 283:

• Defines an "electronic wireless communications device" to include not only cell phones but also tablets, laptops, and other devices.
• Prohibits using, holding or physically supporting a device while driving and makes it a primary offense, allowing an officer to cite a driver for using a device without any other traffic offense taking place.
• Includes language similar to texting bans in 48 states by prohibiting writing, sending or reading text-based communications while driving.
  Extends texting bans to also ban all non-navigational viewing such as watching or recording videos, taking photos or looking at images, live streaming and using applications while driving.
• Provides exemptions for voice-operated/hands-free use, emergency situations and for first responders along with a "single swipe."
  Protects construction zone workers while imposing twice the amount imposed for a violation for an offense committed in a construction zone.
• Creates a tiered penalty and enforcement section that establishes both monetary penalties and points aligning the offense with similar dangerous vehicular infractions.
• Addresses the concern of excessive traffic fines, permitting the offender to take a distracted driving safety course in lieu of the $150 fine for first offenses.
• Requires reporting by law enforcement agencies of the race of all individuals cited for distracted driving offenses and requires that information to be submitted to the attorney general. The attorney general is required to compile this information and submit an annual report to the governor and General Assembly. Demographic data collection and reporting creates accountability and ensures the law is being enforced equitably regardless of race.

It also provides protections of civil liberties. Law enforcement officers are required to inform the driver of the right to decline a search of their device. Unless voluntary consent is given, law enforcement officers shall not access or confiscate the driver’s device without warrant.