On June 1, 2012, Governor John Kasich signed a bill making Ohio the 39th state to prohibit texting while driving. The law, which is set to go into effect on August 30, 2012, makes texting with handheld devices a “secondary offense” for adult drivers. This means that drivers can be ticketed for typing emails or text messages only if they are first pulled over for another driving offense (e.g., running a red light). The law is tougher on those under the age of 18 since using electronic devices is a “primary offense” for those drivers. Drivers under the age of 18 can be ticketed merely for using a cell phone in any manner while driving. Violation of the law constitutes a misdemeanor, with fines up to $150 for the first offense.
Businesses with employees whose jobs require them to drive in Ohio should consider revisiting their written policies. Specifically, written policies should ban texting while driving while employees are working. Some companies have opted to completely ban employees’ cell phone use while driving unless hands-free technology is used. This type of policy not only keeps employees safer and in compliance with Ohio law, but also reduces the risk of vicarious liability to employers.