I pay close attention to the laws that protect us as cyclists. Those concerning the ongoing epidemic of distracted driving on our roadways in particular! I’m happy to share recent progress in Ohio distracted driving legislation.
It has been a long time coming. Many thanks for years of effort by many who believe in safer roads for all users!
A: Distracted Driving Secondary Offense
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- Ohio’s “secondary offense” distracted driving legislation, Ohio Revised Code §4511.991. This law became effective in October 2018 and was updated on April 4, 2023.
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- “Distracted driving” is broadly defined. 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.
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- 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. A police officer could not pull a motorist over for distracted driving independently of another primary violation. (E.g. speeding or failing to obey a traffic control device.)
B: Driving While Texting Primary Offense
I have great news! We now have a PRIMARY electronic wireless communications device law. This took a LOT of effort by some extremely dedicated people.
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- Ohio’s “Driving while Texting” law, Ohio Revised Code §4511.204 became effective April 4, 2023.
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- Holding cell phones and other electronic wireless communications devices while driving a primary is now a traffic offense for all drivers.
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- Law enforcement can now pull over and cite a texting driver without the driver committing another primary traffic offense, e.g. 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
- Holding the phone to their ear during a call
Drivers are always permitted to make hands-free and emergency calls.
These Ohio traffic laws can be viewed online in the Ohio Revised Code, Title 45
Stricter Ohio distracted driving laws are finally on the books! I couldn’t be more pleased, as both a bicycle law attorney AND an avid cyclist.
I encourage motorists to educate themselves on how to drive safely around cyclists.
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