CLEVELAND — The time has come...
After a six-month grace period, the new distracted driving law in Ohio has reached the next phase as authorities will begin issuing citations starting today (Thursday, Oct. 5).
While the new law officially went into effect earlier this year on April 4, drivers have been given the last six months to adjust to the new rules before being penalized for any violations.
But what are the exceptions? How much are the fines for texting and driving? We answer those questions and more with everything you need to know about the new law below...
How does the new law impact me?
The new law designates “the use of cell phones and other electronic communications devices while driving as a primary traffic offense for all drivers and allows law enforcement to immediately pull over a distracted driver upon witnessing a violation,” according to Ohio Gov. Mike DeWine’s office.
Under the previous law, distracted driving was a primary offense only for juvenile drivers, preventing officers from stopping adult distracted drivers unless those drivers also committed a separate primary traffic violation, such as speeding or running a red light, according to Gov. DeWine’s office.
So what's actually restricted under the new law?
"With very few exceptions, anything that involves using, holding or supporting a device while driving is off-limits," the state explains.
The new law prohibits:
- Dialing a phone number
- Sending a text message (voice to text is legal via a hands-free method)
- Updating or browsing social media
- Video calls or FaceTime
- Browsing the internet
- Watching videos
- Playing games
- Recording or streaming video
Are there any exceptions? Can I still talk on my phone while driving?
This law does NOT prohibit you from talking on your phone while driving.
"If you are over the age of 18, you can talk on a cell phone while driving, as long as your call is hands-free or you are holding your phone to your ear for a conversation," the state explains. "These features can only be activated or deactivated verbally or with a single touch or swipe."
Below is a list of exceptions to the distracted driving law
- Drivers reporting an emergency to law enforcement, a hospital, health care provider, fire department, or similar emergency entity.
- Drivers holding a phone to their ear only during phone conversations, if the call is started or stopped with a single touch or swipe.
- Drivers holding or using cell phones and other electronic devices while stopped at a traffic light or parked on a road or highway during an emergency or road closure.
- First responders (law enforcement, fire, EMS), using electronic devices as part of their official duties.
- Utility workers operating utility vehicles in certain emergency or outage situations.
- Licensed operators using an amateur radio.
- Commercial truck drivers using a mobile data terminal.
"Drivers can listen to audio streaming apps and use navigational equipment if they turn them on before getting on the road or use a single touch or swipe to activate, modify or deactivate them," the state explains. "Remember, drivers under the age of 18 are still restricted from using their devices in any way, including hands-free features."
What are the punishments for violators?
Penalties include:
- First offense in two years: Two points assessed to driver's license, up to a $150 fine.
- Second offense in two years: Three points assessed to license, up to a $250 fine.
- Third or more offense in two years: Four points assessed to license, up to a $500 fine, possible 90-day suspension of driver's license.
- Fines doubled if the violation occurs in a work zone.
The law also indicates that completion of a distracted driving course can help avoid the fine and points.
What devices are included in the law?
- Wireless phones
- Text-messaging devices
- Personal digital assistants
- Computers, including laptops or tablets
- Devices capable of displaying a video, movie, broadcast television image or visual image
- Other substantially similar wireless devices that are designed or used to communicate text, initiate or receive communication or exchange information or data
Can I still use my GPS?
"You can view or operate a navigation system while driving as long as you’re not holding it in your hand or on your body while driving," according to the state. "You can only activate, modify or deactivate it verbally or with a single touch or swipe. Manually entering letters, numbers, or symbols is prohibited. It takes your eyes off the road and hands off the wheel for a longer period of time, which is dangerous for everyone."
What Gov. Mike DeWine has said about the new law
"The goal is not to issue tickets. The goal is to save lives."
That was the message from Gov. DeWine the day enforcement of the law began.
“Now that the grace period is over, local law enforcement as well as the Ohio State Highway Patrol, will have zero tolerance for those who make the choice to drive distracted,” Gov. DeWine said.
As a result, he said that troopers are now launching new high-visibility enforcement efforts “to watch for people violating the new law.”
Distracted driving data
Although distracted driving is known to be underreported, Gov. DeWine’s office said back in January that the Ohio State Highway Patrol reports there have been at least 73,945 distracted driving crashes in Ohio since 2017, including 2,186 fatal and serious injury crashes.
“Traffic fatalities overall have increased in eight of nine years from 2013 to 2021, with deaths reaching their highest point in nearly two decades in 2021 with 1,355 fatalities. Preliminary traffic data from 2022 indicates that at least 1,269 people were killed in traffic crashes last year.”
Ohio State Highway Patrol Sergeant Ryan Purpura reported that the new law has proven effective even before penalties are enforced. He shared that from when the law went into effect on April 4 through Oct. 4, there were 4,209 distracted driving-related crashes. That's down from 5,400 over the same period last year.
3News' Kaitor Kay contributed to this report.
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