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Understanding Ohio's new distracted driving law: Here's what you can and can't do with your cell phone while driving

The use of cell phones while driving is now considered a primary offense, which could result in fines and points on your license -- but there are some exceptions.

COLUMBUS, Ga. — Put your cell phone down and keep your eyes on the road.

A new state law, “which significantly strengthens laws in Ohio related to the use of cell phones and other electronic devices,” takes effect Tuesday, April 4.

So what’s changing? Below is a breakdown of everything you need to know...

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 now prohibits:

  • Dialing a phone number
  • Sending a text message
  • Updating or browsing social media
  • Video calls or FaceTime
  • Browsing the internet
  • Watching videos
  • Playing games
  • Recording or streaming video

Watch the video below to see how Ohio officials are informing the public of the new distracted driving law:

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?

Law enforcement will issue warnings to drivers found violating the law for the first six months. After this grace period ends this fall, police will have the authority to issue citations starting Oct. 5.

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 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 said about the new law

“Right now, too many people are willing to risk their lives while behind the wheel to get a look at their phones,” Gov. DeWine said when signing the bill earlier this year. “My hope is that this legislation will prompt a cultural shift around distracted driving that normalizes the fact that distracted driving is dangerous, irresponsible, and just as deadly as driving drunk."

He also said it’s no coincidence that evolving smartphone technology has coincided with increasing roadway deaths and injuries.

"Other states with similar distracted driving laws have experienced fewer fatal crashes, and we expect that this enhanced distracted driving law will have the same impact here."

Gov. DeWine held a press conference Monday to preview the new law. Here's a portion of that press conference:

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.”

The new distracted driving law takes effect April 4.

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DeWine signs bill prohibiting Ohioans from using phones, other devices while driving

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