The Akron Legal News

Proposed law would make texting while driving a primary offense

TIFFANY L. PARKS
Special to the Legal News
Published: April 15, 2015

While Rep. Cheryl Grossman is campaigning for a bill that would create an offense of distracted driving, her counterpart, Rep. Michael Sheehy, is stumping for a measure that would make texting while driving a primary traffic offense.

In recent sponsor testimony for House Bill 88, Sheehy, D-Oregon, said he is “particularly passionate” about the issue.

Under current state law, texting while driving is a secondary traffic offense.

“In recent years, our state has been faced with a dangerous epidemic, the epidemic of distracted driving. I don’t believe we, as lawmakers, have done everything in our power to protect our constituents from this dangerous practice,” he said.

“This is an issue that is hard to address and difficult to regulate, but I aim to reopen the dialogue and make Ohio’s roadways safer for everyone.”

In addition to permitting an officer to stop a motorist who is texting, the bill would ban cellphone usage in a school zone during restricted hours or in a construction zone during hours of actual work within the zone.

“The motivation behind trying to better Ohio’s laws on this matter can be well articulated by a quote from Gov. John Kasich from June 2012 at the signing of HB 99 which made distracted driving a secondary offense,” Sheehy said, noting that the governor said it’s one thing to endanger your own life, but it’s another to bring avoidable tragedy to someone else’s life.

“If the passage of this bill can at the very least lessen the number of fatalities and injuries caused by distracted driving, then I have no doubt that Ohio needs this legislation.”

House Bill 86, the proposed legislation sponsored by Grossman, R-Grove City, would establish an offense of distracted driving, which includes language targeting cellphone usage, but would limit its application and prosecution to individuals who also commit a moving violation or vehicular homicide.

In pushing for the passage of HB 88, Sheehy said 39 other states have made texting while driving a primary offense.

“This includes all five of Ohio’s neighboring states,” he said.

“In this instance, like many cases brought before the Ohio legislature, I think it is beneficial to mirror the legislation of our border states. This will ensure that those who travel back and forth have an equal sense of safety on the roadways.”

Sheehy said the bill’s prohibition would not apply in situations where a device is being used for emergency purposes, use of a device when the vehicle is in a stationary position and outside the lane of travel or when a driver is using a navigation device in a hands-free manner.

“The fine for this offense would be $150 which I believe is fair to those caught but a high enough fine to discourage others from committing the action,” he said.

HB 88 is before the House Armed Services, Veterans Affairs and Public Safety Committee.

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