Bill Text: OH HB130 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To prohibit a person who is less than 17 years of age from talking or text messaging on a mobile communication device while driving.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2009-04-08 - To Public Safety & Homeland Security [HB130 Detail]
Download: Ohio-2009-HB130-Introduced.html
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Representative Miller
Cosponsors:
Representatives Ujvagi, Pillich, Letson, Domenick
To amend sections 4507.05 and 4507.071 of the Revised | 1 |
Code to prohibit a person who is less than 17 | 2 |
years of age from talking or text messaging on a | 3 |
mobile communication device while driving. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4507.05 and 4507.071 of the Revised | 5 |
Code be amended to read as follows: | 6 |
Sec. 4507.05. (A) The registrar of motor vehicles, or a | 7 |
deputy registrar, upon receiving an application for a temporary | 8 |
instruction permit and a temporary instruction permit | 9 |
identification card for a driver's license from any person who is | 10 |
at least fifteen years six months of age, may issue such a permit | 11 |
and identification card entitling the applicant to drive a motor | 12 |
vehicle, other than a commercial motor vehicle, upon the highways | 13 |
under the following conditions: | 14 |
(1) If the permit is issued to a person who is at least | 15 |
fifteen years six months of age, but less than sixteen years of | 16 |
age: | 17 |
(a) The permit and identification card are in the holder's | 18 |
immediate possession; | 19 |
(b) The holder is accompanied by an eligible adult who | 20 |
actually occupies the seat beside the permit holder and does not | 21 |
have a prohibited concentration of alcohol in the whole blood, | 22 |
blood serum or plasma, breath, or urine as provided in division | 23 |
(A) of section 4511.19 of the Revised Code; | 24 |
(c) The total number of occupants of the vehicle does not | 25 |
exceed the total number of occupant restraining devices originally | 26 |
installed in the motor vehicle by its manufacturer, and each | 27 |
occupant of the vehicle is wearing all of the available elements | 28 |
of a properly adjusted occupant restraining device. | 29 |
(2) If the permit is issued to a person who is at least | 30 |
sixteen years of age: | 31 |
(a) The permit and identification card are in the holder's | 32 |
immediate possession; | 33 |
(b) The holder is accompanied by a licensed operator who is | 34 |
at least twenty-one years of age, is actually occupying a seat | 35 |
beside the driver, and does not have a prohibited concentration of | 36 |
alcohol in the whole blood, blood serum or plasma, breath, or | 37 |
urine as provided in division (A) of section 4511.19 of the | 38 |
Revised Code; | 39 |
(c) The total number of occupants of the vehicle does not | 40 |
exceed the total number of occupant restraining devices originally | 41 |
installed in the motor vehicle by its manufacturer, and each | 42 |
occupant of the vehicle is wearing all of the available elements | 43 |
of a properly adjusted occupant restraining device. | 44 |
(B) The registrar or a deputy registrar, upon receiving from | 45 |
any person an application for a temporary instruction permit and | 46 |
temporary instruction permit identification card to operate a | 47 |
motorcycle or motorized bicycle, may issue such a permit and | 48 |
identification card entitling the applicant, while having the | 49 |
permit and identification card in the applicant's immediate | 50 |
possession, to drive a motorcycle or motorized bicycle under | 51 |
restrictions determined by the registrar. A temporary instruction | 52 |
permit and temporary instruction permit identification card to | 53 |
operate a motorized bicycle may be issued to a person fourteen or | 54 |
fifteen years old. | 55 |
(C) Any permit and identification card issued under this | 56 |
section shall be issued in the same manner as a driver's license, | 57 |
upon a form to be furnished by the registrar. A temporary | 58 |
instruction permit to drive a motor vehicle other than a | 59 |
commercial motor vehicle shall be valid for a period of one year. | 60 |
(D) Any person having in the person's possession a valid and | 61 |
current driver's license or motorcycle operator's license or | 62 |
endorsement issued to the person by another jurisdiction | 63 |
recognized by this state is exempt from obtaining a temporary | 64 |
instruction permit for a driver's license, but shall submit to the | 65 |
regular examination in obtaining a driver's license or motorcycle | 66 |
operator's endorsement in this state. | 67 |
(E) The registrar may adopt rules governing the use of | 68 |
temporary instruction permits and temporary instruction permit | 69 |
identification cards. | 70 |
(F)(1) No holder of a permit issued under division (A) of | 71 |
this section shall operate a motor vehicle upon a highway or any | 72 |
public or private property used by the public for purposes of | 73 |
vehicular travel or parking in violation of the conditions | 74 |
established under division (A) of this section. | 75 |
(2) Except as provided in division (F)(2) of this section, no | 76 |
holder of a permit that is issued under division (A) of this | 77 |
section and that is issued on or after July 1, 1998, and who has | 78 |
not attained the age of eighteen years, shall operate a motor | 79 |
vehicle upon a highway or any public or private property used by | 80 |
the public for purposes of vehicular travel or parking between the | 81 |
hours of midnight and six a.m. | 82 |
The holder of a permit issued under division (A) of this | 83 |
section on or after July 1, 1998, who has not attained the age of | 84 |
eighteen years, may operate a motor vehicle upon a highway or any | 85 |
public or private property used by the public for purposes of | 86 |
vehicular travel or parking between the hours of midnight and six | 87 |
a.m. if, at the time of such operation, the holder is accompanied | 88 |
by the holder's parent, guardian, or custodian, and the parent, | 89 |
guardian, or custodian holds a current valid driver's or | 90 |
commercial driver's license issued by this state, is actually | 91 |
occupying a seat beside the permit holder, and does not have a | 92 |
prohibited concentration of alcohol in the whole blood, blood | 93 |
serum or plasma, breath, or urine as provided in division (A) of | 94 |
section 4511.19 of the Revised Code. | 95 |
(3) No holder of a permit issued under division (A) of this | 96 |
section who has not attained the age of seventeen shall drive a | 97 |
motor vehicle upon a highway or any public or private property | 98 |
used by the public for purposes of vehicular travel or parking | 99 |
while talking or text messaging on a mobile communication device. | 100 |
(G)(1) Notwithstanding any other provision of law to the | 101 |
contrary, no law enforcement officer shall cause the operator of a | 102 |
motor vehicle being operated on any street or highway to stop the | 103 |
motor vehicle for the sole purpose of determining whether each | 104 |
occupant of the motor vehicle is wearing all of the available | 105 |
elements of a properly adjusted occupant restraining device as | 106 |
required by division (A) of this section, or for the sole purpose | 107 |
of issuing a ticket, citation, or summons if the requirement in | 108 |
that division has been or is being violated, or for causing the | 109 |
arrest of or commencing a prosecution of a person for a violation | 110 |
of that requirement. | 111 |
(2) Notwithstanding any other provision of law to the | 112 |
contrary, no law enforcement officer shall cause the operator of a | 113 |
motor vehicle being operated on any street or highway to stop the | 114 |
motor vehicle for the sole purpose of determining whether a | 115 |
violation of division (F)(2) of this section has been or is being | 116 |
committed or for the sole purpose of issuing a ticket, citation, | 117 |
or summons for such a violation or for causing the arrest of or | 118 |
commencing a prosecution of a person for such violation. | 119 |
(H) As used in this section: | 120 |
(1) "Eligible adult" means any of the following: | 121 |
(a) An instructor of a driver training course approved by the | 122 |
department of public safety; | 123 |
(b) Any of the following persons who holds a current valid | 124 |
driver's or commercial driver's license issued by this state: | 125 |
(i) A parent, guardian, or custodian of the permit holder; | 126 |
(ii) A person twenty-one years of age or older who acts in | 127 |
loco parentis of the permit holder. | 128 |
(2) "Occupant restraining device" has the same meaning as in | 129 |
section 4513.263 of the Revised Code. | 130 |
(3) "Mobile communication device" includes any of the | 131 |
following: | 132 |
(1) A wireless telephone; | 133 |
(2) A text-messaging device; | 134 |
(3) A personal digital assistant; | 135 |
(4) A computer; | 136 |
(5) Any other substantially similar wireless device that is | 137 |
designed or used to communicate text or data. | 138 |
(I) Whoever violates division (F) | 139 |
is guilty of a minor misdemeanor. | 140 |
Sec. 4507.071. (A) No driver's license shall be issued to | 141 |
any person under eighteen years of age, except that a probationary | 142 |
license may be issued to a person who is at least sixteen years of | 143 |
age and has held a temporary instruction permit for a period of at | 144 |
least six months. | 145 |
(B)(1)(a) No holder of a probationary driver's license who | 146 |
has not attained the age of seventeen years shall operate a motor | 147 |
vehicle upon a highway or any public or private property used by | 148 |
the public for purposes of vehicular travel or parking between the | 149 |
hours of midnight and six a.m. unless the holder is accompanied by | 150 |
the holder's parent or guardian. | 151 |
(b) No holder of a probationary driver's license who has | 152 |
attained the age of seventeen years but has not attained the age | 153 |
of eighteen years shall operate a motor vehicle upon a highway or | 154 |
any public or private property used by the public for purposes of | 155 |
vehicular travel or parking between the hours of one a.m. and five | 156 |
a.m. unless the holder is accompanied by the holder's parent or | 157 |
guardian. | 158 |
(2)(a) Subject to division (D)(1)(a) of this section, | 159 |
division (B)(1)(a) of this section does not apply to the holder of | 160 |
a probationary driver's license who is traveling to or from work | 161 |
between the hours of midnight and six a.m. and has in the holder's | 162 |
immediate possession written documentation from the holder's | 163 |
employer. | 164 |
(b) Division (B)(1)(b) of this section does not apply to the | 165 |
holder of a probationary driver's license who is traveling to or | 166 |
from work between the hours of one a.m. and five a.m. and has in | 167 |
the holder's immediate possession written documentation from the | 168 |
holder's employer. | 169 |
(3) An employer is not liable in damages in a civil action | 170 |
for any injury, death, or loss to person or property that | 171 |
allegedly arises from, or is related to, the fact that the | 172 |
employer provided an employee who is the holder of a probationary | 173 |
driver's license with the written documentation described in | 174 |
division (B)(2) of this section. | 175 |
The registrar of motor vehicles shall make available at no | 176 |
cost a form to serve as the written documentation described in | 177 |
division (B)(2) of this section, and employers and holders of | 178 |
probationary driver's licenses may utilize that form or may choose | 179 |
to utilize any other written documentation to meet the | 180 |
requirements of that division. | 181 |
(4) No holder of a probationary driver's license who is less | 182 |
than seventeen years of age shall operate a motor vehicle upon a | 183 |
highway or any public or private property used by the public for | 184 |
purposes of vehicular travel or parking with more than one person | 185 |
who is not a family member occupying the vehicle unless the | 186 |
probationary license holder is accompanied by the probationary | 187 |
license holder's parent, guardian, or custodian. | 188 |
(5) No holder of a probationary driver's license who has not | 189 |
attained the age of seventeen shall drive a motor vehicle upon a | 190 |
highway or any public or private property used by the public for | 191 |
purposes of vehicular travel or parking while talking or text | 192 |
messaging on a mobile communication device. | 193 |
(C) It is an affirmative defense to a violation of division | 194 |
(B)(1)(a) or (b) of this section if, at the time of the violation, | 195 |
the holder of the probationary driver's license was traveling to | 196 |
or from an official function sponsored by the school the holder | 197 |
attends, or an emergency existed that required the holder to | 198 |
operate a motor vehicle in violation of division (B)(1)(a) or (b) | 199 |
of this section, or the holder was an emancipated minor. | 200 |
(D)(1)(a) Except as otherwise provided in division (D)(2) of | 201 |
this section, if a person is issued a probationary driver's | 202 |
license prior to attaining the age of seventeen years and the | 203 |
person pleads guilty to, is convicted of, or is adjudicated in | 204 |
juvenile court of having committed a moving violation during the | 205 |
six-month period commencing on the date on which the person is | 206 |
issued the probationary driver's license, the holder must be | 207 |
accompanied by the holder's parent or guardian whenever the holder | 208 |
is operating a motor vehicle upon a highway or any public or | 209 |
private property used by the public for purposes of vehicular | 210 |
travel or parking during whichever of the following time periods | 211 |
applies: | 212 |
(i) If, on the date the holder of the probationary driver's | 213 |
license pleads guilty to, is convicted of, or is adjudicated in | 214 |
juvenile court of having committed the moving violation, the | 215 |
holder has not attained the age of sixteen years six months, | 216 |
during the six-month period commencing on that date; | 217 |
(ii) If, on the date the holder pleads guilty to, is | 218 |
convicted of, or is adjudicated in juvenile court of having | 219 |
committed the moving violation, the holder has attained the age of | 220 |
sixteen years six months but not seventeen years, until the person | 221 |
attains the age of seventeen years. | 222 |
(b) If the holder of a probationary driver's license commits | 223 |
a moving violation during the six-month period after the person is | 224 |
issued the probationary driver's license and before the person | 225 |
attains the age of seventeen years and on the date the person | 226 |
pleads guilty to, is convicted of, or is adjudicated in juvenile | 227 |
court of having committed the moving violation the person has | 228 |
attained the age of seventeen years, or if the person commits the | 229 |
moving violation during the six-month period after the person is | 230 |
issued the probationary driver's license and after the person | 231 |
attains the age of seventeen years, the holder is not subject to | 232 |
the restriction described in divisions (D)(1)(a)(i) and (ii) of | 233 |
this section unless the court or juvenile court imposes such a | 234 |
restriction upon the holder. | 235 |
(2) Any person who is subject to the operating restrictions | 236 |
established under division (D)(1) of this section as a result of a | 237 |
first moving violation may petition the court for occupational or | 238 |
educational driving privileges without being accompanied by the | 239 |
holder's parent or guardian during the period of time specified in | 240 |
that division. The court may grant the person such driving | 241 |
privileges if the court finds reasonable cause to believe that the | 242 |
restrictions established in division (D)(1) will seriously affect | 243 |
the person's ability to continue in employment or educational | 244 |
training or will cause undue hardship on the license holder or a | 245 |
family member of the license holder. In granting the driving | 246 |
privileges, the court shall specify the purposes, times, and | 247 |
places of the privileges and shall issue the person appropriate | 248 |
forms setting forth the privileges granted. Occupational or | 249 |
educational driving privileges under this division shall not be | 250 |
granted to the same person more than once. If a person is | 251 |
convicted of, pleads guilty to, or is adjudicated in juvenile | 252 |
court of having committed a second or subsequent moving | 253 |
violation, any driving privileges previously granted under this | 254 |
division are terminated upon the subsequent conviction, plea, or | 255 |
adjudication. | 256 |
(3) No person shall violate division (D)(1)(a) of this | 257 |
section. | 258 |
(E) No holder of a probationary license shall operate a motor | 259 |
vehicle upon a highway or any public or private property used by | 260 |
the public for purposes of vehicular travel or parking unless the | 261 |
total number of occupants of the vehicle does not exceed the total | 262 |
number of occupant restraining devices originally installed in the | 263 |
motor vehicle by its manufacturer, and each occupant of the | 264 |
vehicle is wearing all of the available elements of a properly | 265 |
adjusted occupant restraining device. | 266 |
(F) A restricted license may be issued to a person who is | 267 |
fourteen or fifteen years of age upon proof of hardship | 268 |
satisfactory to the registrar of motor vehicles. | 269 |
(G) Notwithstanding any other provision of law to the | 270 |
contrary, no law enforcement officer shall cause the operator of a | 271 |
motor vehicle being operated on any street or highway to stop the | 272 |
motor vehicle for the sole purpose of determining whether each | 273 |
occupant of the motor vehicle is wearing all of the available | 274 |
elements of a properly adjusted occupant restraining device as | 275 |
required by division (E) of this section, or for the sole purpose | 276 |
of issuing a ticket, citation, or summons if the requirement in | 277 |
that division has been or is being violated, or for causing the | 278 |
arrest of or commencing a prosecution of a person for a violation | 279 |
of that requirement. | 280 |
(H) Notwithstanding any other provision of law to the | 281 |
contrary, no law enforcement officer shall cause the operator of a | 282 |
motor vehicle being operated on any street or highway to stop the | 283 |
motor vehicle for the sole purpose of determining whether a | 284 |
violation of division (B)(1)(a) or (b) of this section has been or | 285 |
is being committed or for the sole purpose of issuing a ticket, | 286 |
citation, or summons for such a violation or for causing the | 287 |
arrest of or commencing a prosecution of a person for such | 288 |
violation. | 289 |
(I) As used in this section: | 290 |
(1) "Occupant restraining device" has the same meaning as in | 291 |
section 4513.263 of the Revised Code. | 292 |
(2) "Family member" of a probationary license holder includes | 293 |
any of the following: | 294 |
(a) A spouse; | 295 |
(b) A child or stepchild; | 296 |
(c) A parent, stepparent, grandparent, or parent-in-law; | 297 |
(d) An aunt or uncle; | 298 |
(e) A sibling, whether of the whole or half blood or by | 299 |
adoption, a brother-in-law, or a sister-in-law; | 300 |
(f) A son or daughter of the probationary license holder's | 301 |
stepparent if the stepparent has not adopted the probationary | 302 |
license holder; | 303 |
(g) An eligible adult, as defined in section 4507.05 of the | 304 |
Revised Code. | 305 |
(3) "Moving violation" means any violation of any statute or | 306 |
ordinance that regulates the operation of vehicles, streetcars, or | 307 |
trackless trolleys on the highways or streets. "Moving violation" | 308 |
does not include a violation of section 4513.263 of the Revised | 309 |
Code or a substantially equivalent municipal ordinance, or a | 310 |
violation of any statute or ordinance regulating pedestrians or | 311 |
the parking of vehicles, vehicle size or load limitations, vehicle | 312 |
fitness requirements, or vehicle registration. | 313 |
(4) "Mobile communication device" includes any of the | 314 |
following: | 315 |
(1) A wireless telephone; | 316 |
(2) A text-messaging device; | 317 |
(3) A personal digital assistant; | 318 |
(4) A computer; | 319 |
(5) Any other substantially similar wireless device that is | 320 |
designed or used to communicate text or data. | 321 |
(J)
Whoever violates division (B)(1) | 322 |
or (E) of this section is guilty of a minor misdemeanor. | 323 |
Section 2. That existing sections 4507.05 and 4507.071 of | 324 |
the Revised Code are hereby repealed. | 325 |