Distracted Driving—Secondary Offense
Ohio’s “secondary offense” distracted driving legislation, Ohio Revised Code §4511.991, became effective in October 2018 and was updated on April 4, 2023. “Distracted driving” is broadly defined as: 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. If law enforcement believes that a motorist is distracted while committing a moving violation, and that the distraction is a contributing factor to the moving violation, the motorist is subject to an additional fine.
This law made distracted driving a secondary offense, not a primary offense, meaning that a police officer could not pull a motorist over for distracted driving independently of another primary violation (such as speeding or failing to obey a traffic control device).
Driving While Texting—Primary Offense
I have great news! Ohio’s “Driving while Texting” law, Ohio Revised Code §4511.204 became effective April 4, 2023. This statute makes holding cell phones and other electronic wireless communications devices while driving a primary traffic offense for all drivers. Law enforcement can now pull over and cite a texting driver without the driver committing another primary traffic offense, such as running a red light. There are over 10 exceptions, however, including hands-free use and a motorist using their phone when stopped at a red light, swiping to answer a call, and holding the phone to their ear during a call. Hands-free and emergency calls are always permitted.
Intersections
Ohio still needs to improve and clarify the law concerning the rights of cyclists crossing at intersections, giving them the same rights as pedestrians.
Punishment vs. Deterrent The issue of punishment for motorists who catastrophically injure cyclists—especially hit-and-run drivers—is important, but so is the issue of justice for the cyclist. A deterrent doesn’t help the victim, who always needs justice! In fact, the Ohio Bicycle Federation is working on a “Traffic Victim Support Act”, legislation to hopefully achieve justice for vulnerable road users seriously injured or killed by unsafe drivers. Many states have vulnerable road user legislation and Ohio has begun patterning some of its own legislation on these existing laws.
