As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 130


Representative Miller 

Cosponsors: Representatives Ujvagi, Pillich, Letson, Domenick 

A BILL
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 a7
deputy registrar, upon receiving an application for a temporary8
instruction permit and a temporary instruction permit9
identification card for a driver's license from any person who is10
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 highways13
under the following conditions:14

       (1) If the permit is issued to a person who is at least15
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's18
immediate possession;19

       (b) The holder is accompanied by an eligible adult who20
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 not25
exceed the total number of occupant restraining devices originally26
installed in the motor vehicle by its manufacturer, and each27
occupant of the vehicle is wearing all of the available elements28
of a properly adjusted occupant restraining device.29

       (2) If the permit is issued to a person who is at least30
sixteen years of age:31

       (a) The permit and identification card are in the holder's32
immediate possession;33

       (b) The holder is accompanied by a licensed operator who is34
at least twenty-one years of age, is actually occupying a seat35
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 not40
exceed the total number of occupant restraining devices originally41
installed in the motor vehicle by its manufacturer, and each42
occupant of the vehicle is wearing all of the available elements43
of a properly adjusted occupant restraining device.44

       (B) The registrar or a deputy registrar, upon receiving from45
any person an application for a temporary instruction permit and46
temporary instruction permit identification card to operate a47
motorcycle or motorized bicycle, may issue such a permit and48
identification card entitling the applicant, while having the49
permit and identification card in the applicant's immediate50
possession, to drive a motorcycle or motorized bicycle under51
restrictions determined by the registrar. A temporary instruction52
permit and temporary instruction permit identification card to53
operate a motorized bicycle may be issued to a person fourteen or54
fifteen years old.55

       (C) Any permit and identification card issued under this56
section shall be issued in the same manner as a driver's license,57
upon a form to be furnished by the registrar. A temporary58
instruction permit to drive a motor vehicle other than a59
commercial motor vehicle shall be valid for a period of one year.60

       (D) Any person having in the person's possession a valid and61
current driver's license or motorcycle operator's license or62
endorsement issued to the person by another jurisdiction63
recognized by this state is exempt from obtaining a temporary64
instruction permit for a driver's license, but shall submit to the65
regular examination in obtaining a driver's license or motorcycle66
operator's endorsement in this state.67

       (E) The registrar may adopt rules governing the use of68
temporary instruction permits and temporary instruction permit69
identification cards.70

       (F)(1) No holder of a permit issued under division (A) of71
this section shall operate a motor vehicle upon a highway or any72
public or private property used by the public for purposes of73
vehicular travel or parking in violation of the conditions74
established under division (A) of this section.75

       (2) Except as provided in division (F)(2) of this section, no76
holder of a permit that is issued under division (A) of this77
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 this83
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 six87
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 the101
contrary, no law enforcement officer shall cause the operator of a102
motor vehicle being operated on any street or highway to stop the103
motor vehicle for the sole purpose of determining whether each104
occupant of the motor vehicle is wearing all of the available105
elements of a properly adjusted occupant restraining device as106
required by division (A) of this section, or for the sole purpose107
of issuing a ticket, citation, or summons if the requirement in108
that division has been or is being violated, or for causing the109
arrest of or commencing a prosecution of a person for a violation110
of that requirement.111

       (2) Notwithstanding any other provision of law to the112
contrary, no law enforcement officer shall cause the operator of a113
motor vehicle being operated on any street or highway to stop the114
motor vehicle for the sole purpose of determining whether a115
violation of division (F)(2) of this section has been or is being116
committed or for the sole purpose of issuing a ticket, citation,117
or summons for such a violation or for causing the arrest of or118
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 valid124
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 in127
loco parentis of the permit holder.128

       (2) "Occupant restraining device" has the same meaning as in129
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)(1) or (2) of this section139
is guilty of a minor misdemeanor.140

       Sec. 4507.071.  (A) No driver's license shall be issued to141
any person under eighteen years of age, except that a probationary142
license may be issued to a person who is at least sixteen years of143
age and has held a temporary instruction permit for a period of at144
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 division194
(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 to198
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 is267
fourteen or fifteen years of age upon proof of hardship268
satisfactory to the registrar of motor vehicles.269

       (G) Notwithstanding any other provision of law to the270
contrary, no law enforcement officer shall cause the operator of a271
motor vehicle being operated on any street or highway to stop the272
motor vehicle for the sole purpose of determining whether each273
occupant of the motor vehicle is wearing all of the available274
elements of a properly adjusted occupant restraining device as275
required by division (E) of this section, or for the sole purpose276
of issuing a ticket, citation, or summons if the requirement in277
that division has been or is being violated, or for causing the278
arrest of or commencing a prosecution of a person for a violation279
of that requirement.280

       (H) Notwithstanding any other provision of law to the281
contrary, no law enforcement officer shall cause the operator of a282
motor vehicle being operated on any street or highway to stop the283
motor vehicle for the sole purpose of determining whether a284
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) or, (4), or (5), (D)(3), 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