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Recent Changes to Distracted Driving Law

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House Bill 95, a new Ohio law aimed at cutting down on distracted driving in the State, recently went into effect, and it signifies some big changes for local drivers. The bill enhances existing moving violations to the extent that law enforcement officers no longer will need to prove a driver is texting, but only that a moving violation has occurred and the driver was distracted at the time, according to the DPS. According to the Ohio Department of Public Safety (DPS), it will be a significant deterrent and an effective tool for law enforcement.

The new law states that writing, sending or reading text messages as well as using a cell phone for Internet use while driving will be illegal. In addition to cell phone use, lawmakers in Ohio will also include holding pets while driving as a distracted driving offense. Holding animals or keeping them on your lap while driving can be a distraction from safely operating a vehicle. For the first offense, the violation will be considered a misdemeanor. If a driver is convicted of a second offense within a year or if a violation of this law results in a vehicle collision with personal injury, the offense will be considered a third degree misdemeanor.

The Mantua Police Department noted that under this law, using a cell phone to make a call or in conjunction with hands free or Bluetooth device is not illegal. They released a statement via social media stating, “Distracted driving is an ever growing problem.” The statement continued, “According to the National Highway Safety Traffic Administration (NHSTA) and the US Department of Transportation (USDOT), there were 3,450 people killed by Distracted Driving in the Year 2016. That’s one person every two and a half hours that dies from distracted driving.”

The new law requires an enhanced fine of up to $100, in addition to existing moving violation fines incurred, for drivers who commit a specific traffic violation while distracted. In lieu of the $100 fine, law enforcement may allow violator to complete a one-hour distracted driving course, providing the offender pays the total amount of the fine established by the violation and submits written evidence of completion of the distracted driver course.

According to Hiram Police Chief Brian Gregory, “In the past, an officer would have to prove that the driver was texting. Now the new distracted driving law would include any activity that the officer observed such as using a handheld wireless communications device like a cell phone… engaging in any activity not necessary to the vehicles operation that impairs the ability to drive safely such as, putting on makeup, eating a sandwich, drinking coffee, dog on your lap or navigating on your GPS, just to name a few.” He noted that Columbus, Ohio has had this law in effect for a few years now, with success.

The Ohio Department of Transportation reported that in 2017, 13,997 drivers in Ohio crashed while being distracted by something within their vehicles, according to O.D.O.T. Fifty one of these crashes were fatal, resulting in 55 total deaths. Another 4,668 drivers were in injury-causing crashes resulting in a total of 6,988 injuries.

Chief Gregory noted that the number of reported distracted driving fatal crashes nearly doubled from 2016 to 2017. He shared, “Driving is not a constitutional right. You get your driver’s license based on the skills you have and the rules you agree to follow. After you get your driving license you must continue to demonstrate your ability to drive safely on the road. If you fail to demonstrate this ability, you will be issued traffic tickets, or even have your license suspended or revoked.”

According to DMV.org, Sending or reading a text message typically takes a driver’s eyes off the road for around 5 seconds. At a speed of 55 miles per hour, that’s like driving the length of a football field with your eyes closed. “No one has more right to the road than anyone else,” Chief Gregory stated. “If you’re going to drive, you owe it to the other roadway users and yourself to operate the vehicle in a safe manner.”

So resolve to put down your phone, keep your animals under control and keep your eyes on the road this year to keep yourself and your community safe in 2019.

Stacy Turner

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