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transmission, to place the vehicle in neutral gear and apply the <br />brake. <br />(b) Use and Restrictions. <br />(1) No person shall operate a motor vehicle on any street or highway <br />while using a hand-held mobile communication device. <br />(2) Subsection (b) (1) hereof does not apply to a person who is using a <br />mobile communication device: <br />A. To contact public safety forces; <br />B. While maintaining his vehicle in the "park" position; or <br />C. While in a public safety vehicle performing official duties <br />as a member of a public safety force. <br />(c) Notwithstanding any provision of law to the contrary, no law enforcement <br />officer shall cause an operator of an automobile being operated on any street or highway <br />to stop the automobile for the sole purpose of determining whether a violation of <br />subsection (b) hereof has been or is being committed by dialing, answering, talking or <br />listening on a cellular, analog, wireless or digital telephone, or for the sole purpose of <br />issuing a ticket, citation or summons for a violation of that nature or causing the arrest of <br />or commencing a prosecution of a person for a violation of that nature; nor shall any law <br />enforcement officer view the interior or visually inspect any automobile being operated <br />on any street or highway for the sole purpose of determining whether a violation of <br />subsection (b) hereof has been or is being committed by dialing, answering, talking or <br />listening on a cellular, analog, wireless or digital telephone; and further, no law <br />enforcement officer shall cite the operator of any automobile being operated on any street <br />or highway for a violation of subsection (b) by dialing, answering, talking or listening on <br />a cellular, analog, wireless or digital telephone, hereof unless the officer has stopped the <br />operator for the purpose of issuing a citation, or making an arrest, for a moving traffic <br />violation for which points are charged pursuant to Ohio R.C. 4507.021. <br />(d) Penalties. Whoever violates subsection (b) hereof by dialing, answering, <br />talking or listening on a cellular, analog, wireless or digital telephone shall be guilty of a <br />minor misdemeanor and shall not be fined more than three dollars ($3.00). Whoever <br />violates subsection (b) hereof by text messaging or typing (other than dialing) on a <br />communication device shall be guilty of a minor misdemeanor on a first offense; on a <br />second offense within one year after the first offense, the person is guilty of a <br />misdemeanor of the fourth degree; on each subsequent offense within one year after the <br />first offense, the person is guilty of a misdemeanor of the third degree. <br />BE AMENDED AND, AS AMENDED, SHALL READ AS FOLLOWS: <br />331.42 USE OF MOBILE COMMUNICATION DEVICES WHILE OPERATING <br />A MOTOR VEHICLE. <br />(a) Definitions. As used in this section: <br />(1) "Mobile Communication Device" means a cellular, analog, <br />wireless and digital telephone, and any other wireless electronic <br />device, such as a text-messaging device, personal digital assistant, <br />or computer, that is designed or used to communicate text or data. <br />(2) "Using" means operating a mobile communication device by: <br />A. Dialing; <br />B. Answering;