On Dec. 14, the Ohio legislature passed distracted driving legislation that will make it a primary traffic offense to use a handheld electronic wireless communications device while driving.

“This legislation represents a significant step forward, particularly considering Ohio’s status as one of just four states without primary enforcement laws for adult drivers texting while driving,” said Dean Fadel, President of the Ohio Insurance Institute.

The provisions in House Bill 283 (Abrams, Lampton) were added as an amendment to Senate Bill 288, Senator Nathan Manning’s criminal justice reform bill. S.B. 288 now heads to Governor Mike DeWine where it is expected to be signed into law. Gov. DeWine has long been a proponent of stronger distracted driving laws.

When enacted, the provisions in S.B. 288 will make Ohio the 47^th state in America to have primary enforcement laws for texting, and will significantly expand that enforcement to include watching, streaming, shopping, posting, gaming, or any interaction on a cellphone not subject to the stated exceptions. Those exceptions include holding a phone while the car is not in motion or holding the phone to your ear while driving.

The penalty for a violation includes a $150 fine or a distracted driving course on the first offense, a $250 fine for the second offense and $500 fine for the third offense within two years.