You may have seen in the news recently that Ohio has updated its laws regarding cell phone use while driving. This is great news considering how dangerous distracted driving is: around 3,522 people died in distracted driving-related collisions in 2021. We’ve known distracted driving is dangerous for many years now, yet it’s still a problem on the road today. Let’s take a look at what Ohio is doing to help keep these statistics down.
1. Using a cell phone while driving is a primary traffic offense for all Ohio drivers.
Before this new law, using an electronic wireless communications device (e.g., cell phone, smart watches, tablets, etc.) was a secondary offense for adult drivers, and a primary defense for drivers under age 18. What’s the difference between a primary offense and a secondary offense?
- Primary Offense: traffic violations that are cause for police officers to stop a vehicle (e.g., speed limit violations, running a red light).
- Secondary Offense: traffic offenses that can result in a ticket, but are not severe enough for a police officer to stop a driver based solely on that violation (e.g., headlight violations, adult seat belt violations).
Under Ohio’s new texting and driving law, distracted driving is a primary offense for all drivers, regardless of their age. This means that if an officer sees a driver using a cell phone or other electronic device, whether it’s in their hand, lap, or other parts of the body (e.g., holding the phone to your ear with your shoulder), the officer can pull the driver over.
There are some exceptions to Ohio’s new distracted driving law.
Distracted driving in any capacity is dangerous, there are a few situations where drivers over age 18 are permitted to use a hand-held electronic device:
Emergency purposes:
- Using a cell phone to report emergencies to law enforcement, hospitals, healthcare providers, fire departments, or similar emergency entities.
- First responders (e.g., law enforcement, fire and EMS) can use electronic devices as needed for their official job duties.
- Utility workers operating utility vehicles are permitted to use electronic devices in certain emergency or outage situations.
Parked:
- Drivers may hold and use electronic devices while sitting stationary outside the lanes of travel (e.g., when stopped on the shoulder).
- Sitting stationary at a red traffic light or traffic control device causing traffic to stop. Do not hold up traffic by becoming too distracted to notice a signal change.
- Parked on a road or highway due to an emergency road closure. Again, be sure to pay close attention to changing conditions so as to not hold up traffic when it’s time to drive again.
Making or taking a phone call:
- Drivers are permitted to hold their electronic device up to their ear only during phone conversations, as long as the calls are started and stopped with a single touch or swipe on the device.
- Drivers may use the speaker phone option or voice-operated features of their vehicle as long as they’re not holding or supporting the device with any part of their body.
Either way, drivers aren’t permitted to manually enter letters, numbers, or symbols into the device while driving.
Wireless use:
- It’s okay for drivers to use features and functions on their electronic device that require only one single touch or swipe.
- Drivers can use their electronic device to receive messages that are then read through a voice-operated or hands-free function or feature.
Keep in mind that drivers aren’t allowed to manually enter letters, numbers, or symbols into the device while driving.
Navigation:
- Drivers can use an electronic device for navigational purposes as long as they don’t manually enter letters, numbers, or symbols into the device, and they do not hold or support the device with any part of their body.
Again, drivers can’t manually enter letters, numbers, or symbols into the electronic device, or hold or support it with any part of their body.
Hands-free:
- Drivers can make or receive calls using "hands-free" technology (e.g., Bluetooth or other integrated systems within the vehicle) as long as they’re not holding or supporting the electronic device, or manually entering letters, numbers, or symbols.
- Commercial truck drivers are permitted to use a mobile data terminal that transmits and receives data while operating a commercial motor vehicle.
Note that in almost all cases, including those listed above, a single touch or swipe on your electronic device while driving is against the law.
Rules for drivers under age 18 are more strict than for drivers over age 18.
Drivers under age 18 are prohibited from using electronic devices in any capacity, including "hands-free" features. They are only permitted to use electronic devices in limited situations:
- Using a navigational device (e.g., a GPS device, a maps application on your cell phone, or a built-in navigation system in your vehicle) but ONLY in hands-free or voice activated mode. Program your navigational device before beginning your drive.
- For emergency purposes (e.g., making contact with law enforcement, a hospital, health care provider, fire department, or similar emergency entity). If you’re able to safely pull over before making that call, you should do so.
- If the driver is stationary and outside a lane of travel (e.g., calling a tow truck when you’re stopped on the shoulder.
Remember, except in the above situations, even "hands-free" features (e.g., as making calls or sending messages via voice to text), is illegal for drivers under age 18.
Final Thoughts
Ohio’s new cell phone law is a big step in the right direction when it comes to protecting roadway users in the Buckeye state. Do your part to stay safe (and stay out of trouble) by committing to never using your cell phone while driving.
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