Lee R. Schroeder | The Lima News
Last week, Ohio adopted a new law that precludes almost all operators of moving vehicles from using or holding electronic devices like phones, tablets and GPS devices.
In general, the law is designed to stop distracted driving. But the law is literally focused on stopping people from using, holding or otherwise supporting with any part of the driver’s body any electronic device while driving, subject to certain exceptions explained below.
The literal act that the law defines as “using” the electronic device is the actual dialing or entering of letters, numbers or symbols into the device. “Use” of a phone includes viewing data or information on the phone, but reading or viewing data for GPS purposes is allowable.
Under the new law, no electronic device of any type may be placed on the driver’s lap or in the driver’s hand when the driver is driving except if the driver is holding a phone near to the driver’s ear during a phone call, without typing into the device any numbers, letters or symbols. The only other physical interactions that a driver who is driving may have with an electronic device are to make “one-touch” or “one swipe” actions to place or accept a phone call.
The new law applies to drivers who are moving on all streets, roads and highways. Notably, the law also applies on any property that is open to the public. This means that drivers cannot use or hold electronic devices while driving in a Wal-Mart parking lot.
There are notable exceptions to the law. Speakerphone usage is allowed, but physical dialing or punching in numbers to place a call on speakerphone is not allowed. Bluetooth or earbuds can be used as long as the driver is not holding or otherwise physically supporting or touching the phone, tablet, portable music device or GPS device.
In contrast with Ohio’s previous texting law, drivers can now use electronic devices while waiting at a red light or, as is perhaps more common in our region, waiting on a train.
The law has strict liability, which means that if a driver does a prohibited act, even unintentionally, the driver is guilty. For instance, a driver handing a ringing phone to a passenger to answer would violate this law even if the driver did not intend to use the phone. Further, a driver who is eating or drinking in his or her vehicle and using the cup-holder for the cup-holder’s intended purpose cannot temporarily hold the driver’s phone on the driver’s lap.
Law enforcement can stop any vehicle when it appears to the law enforcement officer that the driver is using, holding or supporting an electronic device. Previously, law enforcement had to stop a driver for another traffic violation in order to cite a driver for violating distracted driving laws.
However, a driver who is simply looking down, very likely distracted by a smart phone, cannot be stopped by law enforcement under this law unless the law enforcement officer literally sees the phone or electronic device.
Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at [email protected] or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.
