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Cell Phone Ordinance_Preliminary InformationTHE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi 4 BARRY LINDA CITY ATTORN Y To: Maygr Roy D. Buol and Members of the City Council DATE: December 23, 2009 RE: Cell Phone Ordinance Attached is some preliminary information on cell phone laws. I would request your direction on some issues which have become apparent during the course of our research. 1. Do you want to completely ban all types of cell phone use for all drivers or just for what are sometimes described as "novice drivers", such as drivers under the age of 18 or drivers with learners' permits? 2. Some jurisdictions prohibit the use of all cell phones while driving a school bus. Do you want to include such a provision? 3. It appears that cell phone bans typically do not include the use of hands-free devices. Do you want to provide an exception for hands-free devices? 4. Do you want to include a prohibition on texting while driving, and if so, for all drivers or only for novice drivers? Do you want to include school bus drivers? 5. Most jurisdictions exclude the following from the cell phone ban: Emergency communication, such as 911 calls; law enforcement personnel; use of the cell phone device when the motor vehicle is in a stationary position in a parking lane or space out of moving traffic lanes and not in gear; Are there other exceptions that should be included? OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EIUAIL balesq@cityofdubuque.org 6. Do you want to expand the prohibition beyond cell phones to include personal digital assistant or other communication devices? cc: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Terry Tobin, Acting Police Chief Crenna Brumwell, Assistant City Attorney Chris Kohlmann, Information Services Manager F:\USERS\tsteckle\Li ndah I\MemosWlayo rCou nci I_Cell PhoneOrd i nan ce_122309. doc NTSB -Statement of Deborah Hersman Remarks of Deborah A.P. Hersman, Chairman National Transportation Safety Board at the 2009 Press Event on Distracted Driving Washington, DC December 9, 2009 Page 1 of 3 Good morning, everyone. Chairman Brady, thank you for your kind introduction and for inviting me to participate today. Curbing distracted driving is a commitment I share with you, and applaud your leadership on this important issue. I also extend my appreciation to the other participants for their efforts as well. I am here representing my fellow Board Members, Vice Chairman Chris Hart and Member Robert Sumwalt, and the men and women of the NTSB, nearly 400 strong. As many of you know, the NTSB is a small, independent federal agency. Our mission is to investigate accidents, determine their probable causes, and to issue recommendations to prevent future accidents. Making our highways, skies, railways and waterways safer is our mandate. That is why I am honored to join Chairman Brady to highlight the dangers of distracted driving and to share with you the NTSB's efforts to reduce this growing problem. The President, in signing an Executive Order banning federal employees from text messaging while on official government business and using government cars and equipment, sent a clear signal to the American public that distracted driving is dangerous and unacceptable. We at the Safety Board share the President's concern and have initiated our own policy to reduce the hazards of distractions while driving. In September, the NTSB issued a policy banning board employees from texting or using cell phone while on official business or when using government provided equipment. If you are driving a government car, you may not use a cell phone. If you are driving on official business, you may not use a cell phone. If you are driving your own car on personal time, you may not use a government cell phone. Period. It's that simple. And this goes for the chairman too. Let me tell you, this has not been easy. Like so many in this room, I was hooked on my blackberry and cell phone. We are connected to them 24/7. To remain relevant in our fast- moving environment, we want to stay connected, and phoning or texting while driving seems like a great way to conduct an extra hour of business and stay in touch. It's very convenient. But it's not safe. Many may think they won't be able to function without their blackberry, but this reliance on our electronic devices is a relatively new phenomenon. I recall back in the early 1990's, cell phones were not all that common. At that time, I was working for a member of Congress, and I was charged with getting him his first cell phone, which was so large we had to carry it in a http://www.ntsb.gov/speeches/hersman/daph091209.html 12/23/2009 NTSB -Statement of Deborah Hersman Page 2 of 3 bag! And we had to install a permanent antenna in the Congressman's car to get coverage, which wasn't really reliable -talk about frustrating! We have come a long way since then. Cell phones today are ubiquitous. Over 90% of US residents have one. Yet, this greater use of cell phones is not without consequences. Let me share with you a few unsettling statistics: . Approximately 40,000 people die each year on our nation's highways. Distracted driving is a cause of many of these accidents. . Crashes caused by cell phone use alone is estimated to cost $43 billion per year. . Drivers who use a hand held device are at a 1.3 times greater risk of a crash or near crash than drivers who are simply driving -and if the driver is dialing, that number increases to a 2.8 times greater risk. . The dangers of distractions while driving are wide-spread and not dissipating. Of drivers in the United States, 81 % admit to cell phone use while at the wheel, and 45% acknowledge that they have been hit or nearly hit by a driver using a cell phone. . As suggested by one study, driver distraction is identified in around 11-12% of crashes; yet we know that even that number may be too low since the true level of distraction is not known in up to 40% of accidents. Improving transportation safety must be a priority. It's not easy. But the risk of catastrophic consequences is just too great. Sometimes we have to choose to do the right thing, instead of the more convenient things. It's an issue of leadership. It's an issue of integrity. And it's an issue of safety. Despite the statistics, deaths and injuries caused by distracted driving are preventable. We just need to start by being agents of change in our own lives. It's not enough to just talk the talk. We must walk the walk. As the 12th Chairman of the NTSB and a Board Member for the past five years, I have learned to appreciate how leadership can be a strong layer of defense in preventing incidents and accidents. If we are going to make a difference and save lives, we may have to take a more aggressive stance and embrace our leadership roles. We may need to be the role models. Let me share a quote with you about leadership. Roslyn Carter said, "A leader takes people where they want to go, but a great leader takes people where they don't necessarily want to go, but ought to be." applaud Chairman Brady, the other participants and many others for taking the courageous path and leading us not just where we want to go, but where we, as a society and as individuals, ought to be. Changing human behavior is hard, I know. But with our collective leadership, it can be done. Thank you to each of you for being agents of change, and for this opportunity to join you here today. http://www.ntsb.gov/speeches/hersman/daph091209.html 12/23/2009 .Map of hand-held cellphone bans cellphone laws December 2009 Page 1 of 2 A jurisdiction-wide ban on driving while talking on a hand-held cellphone is in place in 7 states (California, Connecticut, New New York, Oregon, Utah, and Washington) and the District of Columbia. Utah has named the offense careless driving. Unde law, no one commits an offense when speaking on a cellphone unless they are also committing some other moving violation speeding. Local jurisdictions may or may not need specific state statutory authority to ban cellphones. Localities that have enacted rest cellphone use include: Oahu, HI; Chicago, IL; Brookline, MA; Detroit, MI; Santa Fe, NM; Brooklyn, North Olmstead, and Wali OH; Conshohocken, Lebanon, and West Conshohocken, PA; Waupaca County, WI; and Cheyenne, WY. Localities are prohibited from banning cellphone use in 8 states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Oklahon and Utah). The use of all cellphones while driving a school bus is prohibited in 17 states and the District of Columbia. The use of all cellphones by novice drivers is restricted in 21 states and the District of Columbia. Text messaging is banned for all drivers in 19 states and the District of Columbia. In addition, novice drivers are banned fron 9 states (Delaware, Indiana, Kansas, Maine, Mississippi, Missouri, Nebraska, Texas, and West Virginia) and school bus drive banned from text messaging in 1 state (Texas). The table below shows the states that have cellphone laws, whether they specifically ban text messaging, and whether they enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle bei driver for using a cellphone. Laws without this restriction are called primary. Table Map: hand-held bans Map: young driver bans Map: bus driver bans Map: texting bans Map of hand-held cellphone bans (hover over the map for more detail) °' _.~ ~ ~ /l~ idrireirs . Partial ~~ No fin http://www.iihs.org/laws/maphandheldcellbans.aspx 12/22/2009 Map of texting bans Cellphone laws December 2009 Page 1 of 1 A jurisdiction-wide ban on driving while talking on a hand-held Cellphone is in place in 7 states (California, Connecticut, New New York, Oregon, Utah, and Washington) and the District of Columbia. Utah has named the offense careless driving. Unde law, no one commits an offense when speaking on a Cellphone unless they are also committing some other moving violation speeding. Local jurisdictions may or may not need specific state statutory authority to ban cellphones. Localities that have enacted rest Cellphone use include: Oahu, HI; Chicago, IL; Brookline, MA; Detroit, MI; Santa Fe, NM; Brooklyn, North Olmstead, and Wali OH; Conshohocken, Lebanon, and West Conshohocken, PA; Waupaca County, WI; and Cheyenne, WY. Localities are prohibited from banning Cellphone use in 8 states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Oklahon and Utah). The use of all cellphones while driving a school bus is prohibited in 17 states and the District of Columbia. The use of all cellphones by novice drivers is restricted in 21 states and the District of Columbia. Text messaging is banned for all drivers in 19 states and the District of Columbia. In addition, novice drivers are banned fron 9 states (Delaware, Indiana, Kansas, Maine, Mississippi, Missouri, Nebraska, Texas, and West Virginia) and school bus drive banned from text messaging in 1 state (Texas). The table below shows the states that have Cellphone laws, whether they specifically ban text messaging, and whether they enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle bei driver for using a Cellphone. Laws without this restriction are called primary. Table Map: hand-held bans Map: young driver bans Map: bus driver bans Map: texting bans Map of texting bans (hover over the map for more detail) ~~~: ~~ http://www.iihs.org/laws/maptextingbans.aspx 12/22/2009 Map of hand-held cellphone bans Page 2 of 2 BAs of July 1, 2008, all learner's permit holders, irrespective of age, and all intermediate license holders were prohibited from driving while using a har cellphone and all drivers younger than 18 were prohibited from using any cellphone. Effective April 1, 2010 all drivers, irrespective of age, issued a fir: license will be prohibited from using a cellphone for one year. ©1996-2009, Insurance Institute for Highway Safety, Highway Loss Data Institute 1005 N. Glebe Road, Suite 800, Arlington, VA 22201 USA I tel 703/247-1500 I fax 703/247-1588 http://www.iihs.org/laws/maphandheldcellbans.aspx 12/22/2009 Cellphone Laws Page 1 of 2 Cellphone laws December 2009 A jurisdiction-wide ban on driving while talking on a hand-held cellphone is in place in 7 states (California, Connecticut, New New York, Oregon, Utah, and Washington) and the District of Columbia. Utah has named the offense careless driving. Unde law, no one commits an offense when speaking on a cellphone unless they are also committing some other moving violation speeding. Local jurisdictions may or may not need specific state statutory authority to ban cellphones. Localities that have enacted rest cellphone use include: Oahu, HI; Chicago, IL; Brookline, MA; Detroit, MI; Santa Fe, NM; Brooklyn, North Olmstead, and Walt OH; Conshohocken, Lebanon, and West Conshohocken, PA; Waupaca County, WI; and Cheyenne, WY. Localities are prohibited from banning cellphone use in 8 states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Oklahorr and Utah). The use of all cellphones while driving a school bus is prohibited in 17 states and the District of Columbia. The use of all cellphones by novice drivers is restricted in 21 states and the District of Columbia. Text messaging is banned for all drivers in 19 states and the District of Columbia. In addition, novice drivers are banned fron 9 states (Delaware, Indiana, Kansas, Maine, Mississippi, Missouri, Nebraska, Texas, and West Virginia) and school bus drive banned from text messaging in 1 state (Texas). The table below shows the states that have cellphone laws, whether they specifically ban text messaging, and whether they enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle bei driver for using a cellphone. Laws without this restriction are called primary. Table Map: hand-held bans Map: young driver bans Map: bus driver bans Map: texting bans Laws restricting cellphone use and texting State Hand-held ban Young drivers all cellphone ban Bus drivers all cellphone ban Texting ban Enforcement Alabama no no no no not applicable Alaska no no no all drivers - primary Arizona ___ no no school bus no primary drivers Arkansas drivers ages 18 drivers younger than school bus all drivers primary: texting through 20 18 drivers drivers and cel use by school drivers; secon~ cellphone use drivers California all drivers drivers younger than school and all drivers primary; secor 18 transit bus hands-free cel drivers by young drive __ __._.___._---_.... _ Colorado __..__..._,.____ _ ____ no __....___ ._..Y. g drivers oun er than no all drivers primary 18 Connecticut all drivers drivers younger than school bus all drivers primary 18 drivers Delaware no learner's permit and school bus learner's permit and primary intermediate license drivers intermediate license holders holders http://www.iihs.org/laws/cellphonelaws.aspx 12/22/2009 Cellphone Laws Page 2 of 2 District of all drivers learner's permit school bus all drivers primary Columbia holders drivers Florida no no no - ----_ _ ---PP---- no not a livable Alabama -Florida Georoia -Louisiana Maine -Montana Nebraska -North Dakota Ohio -South Dakota Tennessee - Wvomina S The laws in Arkansas and California prohibit police from stopping a vehicle to determine if a driver is in compliance with the law. Clearly, that langual the use of checkpoints to enforce the law, but it has been interpreted as the functional equivalent of secondary provisions that typically state the office stop someone suspected of a violation unless there is other, independent, cause for a stop. ZAs of July 1, 2008, all learner's permit holders, irrespective of age, and all intermediate license holders were prohibited from driving while using a har cellphone and all drivers younger than 18 were prohibited from using any Cellphone. Effective April 1, 2010 all drivers, irrespective of age, issued a fir license will be prohibited from using a Cellphone for one year. 3Utah's law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a hand-held Cellphone or other related to driving. ©1996-2009, Insurance Institute for Highway Safety, Highway Loss Data Institute 1005 N. Glebe Road, Suite 800, Arlington, VA 22201 USA I tel 703/247-1500 I fax 703/247-1588 http://www. iihs.org/laws/cellphonelaws.aspx 12/22/2009 State Cell Phone Driving Laws Cell Phone Driving Laws December 2009 Current state cell phone driving law highlights include the following: Handheld Cell Phone Bans for All Drivers: 6 states (California, Connecticut, New Jersey, New York, Oregon and Washington), the District of Columbia and the Virgin Islands prohibit all drivers from talking on handheld cell phones while driving. With the exception of Washington State, these laws are all primary enforcement-an officer may ticket a driver for using a handheld cell phone while driving without any other traffic offense taking place. All Cell Phone Bans: No state completely bans all types of cell phone use (handheld and hands-free) for all drivers, but many prohibit cell phone use by certain segments of the population. Novice Drivers: 21 states and the District of Columbia ban all cell use by novice drivers. School Bus Drivers: In 17 states and the District of Columbia, school bus drivers are prohibited from all cell phone use when passengers are present. Text Messaging: 19 states, the District of Columbia and Guam now ban text messaging for all drivers. Novice Drivers: 9 states prohibit text messaging by novice drivers. School Bus Drivers: 1 state restricts school bus drivers from texting while driving. Preemption Laws: 6 states have laws that prohibit local jurisdictions from enacting restrictions. In other states, localities are allowed to ban cell phone use or texting while driving. Some states, such as Maine, New Hampshire and Utah treat cell phone use as a larger distracted driving issue. Utah considers speaking on a cellphone to be an offense only if a driver is also committing some other moving violation (other than speeding). Page 1 of 3 "~_ \~. ~.., Learn More Issue Brief: Cell Phones 8 Distracted Driving GHSA's Distracted Drivino Pollcv Politico Article (Sept. 14, 2009) DOT Distracted Drlving Summit Hand All Cell Phone Ban Text Messaging Ban Crash Pre- Enforce Data State - _ School Novice Enforce All School Novice Enforce Col- emption held Ban ment Bus Drivers Drivers - ment Drivers Bus Drivers Drivers - ment lected Law Alabama Alaska Yes Covered under all driver Primary Yes ban Arizona Yes Primary rkansas Yes <18; 18 - 20 Primary: Yes Covered under all driver Primary Yes can use bus drivers ban hands free only Secondary: novice drivers California Yes Primary Yes <18 Primary: Yes Covered under all driver Primary Yes bus drivers ban Secondary: novice drivers Colorado <18 Primary Yes Covered under all driver Primary Yes ban Connecticut Yes Primary Yes Learners Primary Yes Covered under all driver Primary Permit and ban <18 Delaware Yes Leamefs Primary Learner's Primary Yes permit and permit and intermediate intermediate license license holders holders D.C. Yes Primary Yes Leamers Primary Yes Covered under all driver Primary Yes Permit ban Florida Yes Georgia Yes Primary Yes Guam Yes Primary Hawaii Idaho Illinois 1 See Yes <19 Primary Yes Covered under all driver Primary Yes footnote (eff. f/10) ban Indiana <18 Primary <18 Primary Yes Iowa Yes Kansas Learner or Primary Learner or Primary Yes Intermediate Intermediate License License (eff. 1/10) (eff. 1/10) Kentucky Yes Primary Yes http://www.ghsa.org/html/stateinfo/laws/cellphone_laws. html 12/22/2009 State Cell Phone Driving Laws Page 2 of 3 Louisiana Yes Yes Primary: Yes Covered under all driver Secondary Yes Yes (eff. 4/10) bus drivers ban Secondary: novice drivers Maine ~ <18 Primary <18 Primary Yes Maryland <18 w/ Secondary Yes Covered under all driver Primary Yes Leamer or ban Provisional License Massachusetts Yes Primary Yes Michigan ~ See Yes footnote Minnesota Yes Leamer or Primary Yes Covered under all driver Primary Yes Provisional ban License Missfssioai Leamer or Primary Yes Provisional License Missouri <21 Primary Montana Yes Nebraska <18 w/ Secondary <18 w/ Secondary Yes Leamers or Learners or Provisional Provisional License License Nevada Yes Yes New Yes Covered under all driver Primary Hamoshire4 (eff.1/10) ban New Jersev Yes Primary Yes <21 w/ GDL Primary Yes Covered under all driver Primary Yes or ban Provisional License New Mexico In State Yes vehicles New York Yes Primary Yes Covered under all driver Secondary Yes ban North Carolina Yes <18 Primary Yes Covered under all driver Primary ban North Dakota Yes Ohio Oklahoma Yes Yes Oregon Yes Primary <18 Primary Yes Covered under all driver Primary Yes (efi. (eff.1/10) (efl.1/10) ban 1/10) Pennsvlvanla Yes Rhode Island Yes <18 Primary Yes Primary South Carolina South Dakota Yes Tennessee Yes Leamers Primary Yes Covered under all driver Primary Yes Permit or ban Intermediate License Texas s Yes, w! Intermediate Primary Yes, w/ Intermediate Primary Yes passenger Stage, 1st passenger Stage, 1st <17 12 mos. <17 12 mos. Utah g See Yes Covered under all driver Primary Yes footnote ban Vermont Virgin Islands Yes No data Yes Virginia Yes <18 Primary: Yes Covered under all driver Primary: Yes bus drivers ban bus drivers Secondary: Secondary: http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html 12/22/2009 State Cell Phone Driving Laws Page 3 of 3 novice novice drivers drivers Washlnaton Yes Secondary Yes Covered under all driver Secondary Yes ban West Viralnta Leamer or Primary Leamer or Primary Intermediate Intermediate Stage Stage Wisconsin Wvomina Yes Total 6 + Primary (5) 17 + D.C. 21 + D.C. Primary 19 + D.C., 1 9 Primary 33 + 6 D.C., Secondary (20) Guam (25) D.C., Virgin (1) Secondary Secondary Virgin Islands (2) (4) Islands Varies (4) Varies (1) t Illinois bans the use of cell phones while driving in a schod zone or In a highway construction zone. z Maine has passed a law making @ against the law to drive while distracted in the state. a In Michigan, teens wfth probationary licenses whose cell phone usage contributes to a traffic aash or ticket may not use a cell phone while driving. a Dealt with as a dsVacted driving issue; New Hampshire enacted a comprehensive distracted driving law. 6 Texas has banned the use of hand-held phones and telling in school crossing zones. s Utah's law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a handheld cellphone or other activities not related to driving. Sources: American Automobile Association fAAA), Insurance Institute for Hiahwav Safetv (IIHSI and State Hiahwav Safetv Offices. http://www.ghsa.org/html/stateinfo/laws/cellphone_laws. html 1 x/22/2009 Chicago Use Of Mobile Telephones (a) Except as provided by subsection (b) of this section, no person shall drive a motor vehicle while using a mobile, cellular, analog wireless or digital telephone. (b) The provisions of the ordinance shall not apply to: (1) Law enforcement officers and operators of emergency vehicles when on duty and acting in their official capacities. (2) Persons using a telephone with a "hands free" device allowing the driver to talk into and listen to the other party without the use of hands. (3) Persons using a telephone to call 911 telephone numbers or other emergency telephone numbers to contact public safety forces. (4) Persons using a telephone while maintaining a motor vehicle in a stationary parked position, and not in gear. (c) Any person who violates subsection (a) of this section shall be subject to a fine of Fifty Dollars ($50), provided however, that if a violation occurs at the time of a traffic accident, the driver may be subject to an additional fine not to exceed Two Hundred Dollars ($200). Municipal Code of Chicago, III. § 9-40-260 (rev. 2005).~F"~~ By its terms, the ordinance went into effect 30 days "after its passage and publication." !d. at 49148. The City Clerk published the journal of City Council's May 11, 2005, meeting on June 8, 2005, see Council Journal, Jun. 8, 2005, at 51272; the ordinance therefore became effective on July 8, 2005. On October 8, 2008, City Council corrected the text of the ordinance by replacing "capabilities" in subsection (b)(1) with "capacities" and "Person" in subsection (b)(4) with "Persons". See Council Journal, Oct. 8, 2008, at 40123. Phoenix Sec. 36-76.01 Use of personal digital assistants while driving; prohibited; exceptions.* XNote: Section 2 of Ordinance No. G-4985, adopted September 19, 2007, effective September 19, 2007 provides the following: Warning period. For the purpose of informing and educating persons who operate motor vehicles, beginning on September 20, 2007 through October 19, 2007, any peace officer may stop motor vehicles and issue verbal warnings to persons who would be violating Section 36- 76.01,Phoenix City Code, as added by this Ordinance. A. A person shall not operate a motor vehicle on a street while using a personal digital assistant to send or receive a written message while the motor vehicle is in motion. B. This section does not apply to any of the following: 1. Law enforcement and safety personnel. 2. Drivers of authorized emergency vehicles. 3. Holders of commercial driver licenses while driving within the scope of their employment. 4. Public transit personnel. 5. A person who is reporting reckless or negligent behavior. 6. The use of a personal digital assistant for the sole purpose of communicating with any of the following regarding an emergency situation: (a) An emergency response operator. (b) A hospital, physician's office or health clinic. (c) A provider of ambulance services. (d) A provider of fire fighting services. (e) A law enforcement agency. 7. A person who believes the person is in physical danger if the person is the only adult in the motor vehicle. C. For purposes of this section,'personal digital assistant" means a wireless electronic communication device that provides for data communication other than by voice. D. A violation of this section is a nonmoving civil traffic violation. E. If a person violates this section and the person is not involved in a motor vehicle accident, the person is subject to a civil penalty of not less than one hundred dollars plus any other penalty assessments authorized by law. F. If a person violates this section and the person is involved in a motor vehicle accident, the person is subject to a civil penalty of not less than two hundred fifty dollars plus any other penalty assessments authorized by law. G. If a person is cited for violating this section, the person is involved in a motor vehicle accident and a written accident report is required by law, the law enforcement officer investigating the accident shall indicate on the written accident form the use of a personal digital assistant to send or receive a written message at the time of the accident. (Ord. No. G-4985, § 1, adopted 9-19-2007, eff. 9-19-2007; Ord. No. G-5034, § 1, adopted 12-5- 2007, eff. 1-4-2008) Editor's note: Ord. No. G-5034, § 1, adopted Dec. 5, 2007, effective Jan. 4, 2008, repealed § 4 of Ord. No. G-5034, which states: Legislative agenda. The subject of using personal digital assistants while driving shall be placed at the top of the City of Phoenix's legislative agenda so that the City may work toward a statewide solution and may request the Arizona legislature to enact maximum penalties by putting violators' drivers licenses at risk or having violators' vehicles impounded. CITY of ALBUQU ERQU E SEVENTEENTH COUNCIL COUNCIL BILL NO. F/S 0-06-57 ENACTMENT NO. SPONSORED BY: Michael Cadigan 1 ORDINANCE 2 AMENDING SECTION 8-2-1-24 ROA 1994, A PORTION OF THE TRAFFIC CODE, 3 TO PROVIDE A CRIMINAL PENALTY FOR TALKING ON OR OTHERWISE 4 OPERATING AHAND-HELD CELLULAR PHONE WHILE DRIVING A VEHICLE; 5 CREATING EXCEPTIONS. 6 BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF 7 ALBUQUERQUE: 8 Section 1. Section 8-2-1-24 ROA 1994 is amended to read as follows: 9 "§ 8-2-1-24 DRIVER'S PROHIBITED ACTS. 10 It shall be unlawful for any person to: 0 11 (A) Drive while having in his lap any person, adult or minor, or any ~ z-~, 12 animal, nor shall the driver of a vehicle be seated in the lap of any other ~o + ~ 13 person. ca ~~ 14 (B) Drive a vehicle while having either arm around another person. , . c~ ~ 15 (C) Knowingly permit any other person to interfere with the steering ~ 16 mechanism or the acceleration of the vehicle. 0 L 17 (D) Carry any animal in or upon any vehicle in a cruel, inhumane, or a~ ~ c 18 unsafe manner. Animals carried in the bed of trucks must be crated or ~• 19 restrained upon a non metal mat so that they cannot fall or jump from the Y 20 truck. `~ 21 (E) Except as otherwise provided below, no person shall operate a m` ± 22 motor vehicle upon a public highway while using a mobile telephone to u 23 engage in a call or create, send or read text messages while such vehicle is in 24 motion. 25 (1) For purposes of this subsection the following definitions apply: 26 (a) "Engage in a call" shall mean talking into, dialing or 1 1 listening on a hand-held mobile telephone, but shall not include holding a 2 mobile telephone to activate, deactivate or initiate a function of such 3 telephone. 4 (b) "Hands-free mobile telephone" shall mean a mobile 5 telephone that has an internal feature or function, or that is equipped with an 6 attachment or addition, whether or not permanently part of such mobile 7 telephone, by which a user engages in a call without the use of either hand (or 8 prosthetic device or aid in the case of a physically disabled person), whether 9 or not the use of either hand(or prosthetic device) is necessary to activate, 10 deactivate or initiate a function of such telephone. 11 (c) "Hand-held mobile telephone" shall mean a mobile 12 telephone with which a user engages in a call using at least one hand (or 13 prosthetic device or aid in the case of a physically disabled person). 14 (d) "Mobile telephone" shall mean the device used by 15 subscribers and other users of wireless telephone service to access such 16 service and shall include Personal Digital Assistants. 17 (e) "Personal Digital Assistant" shall mean a device operated ~ .0 18 using a wireless telecommunications service that provides for data z ~ 19 communication other than by voice. ~o + ~ 20 (f) "Wireless telephone service" shall mean two-way real time ~~, . Y 21 voice telecommunications service that is interconnected to a public switched ~ 22 telephone network and commonly referred to as cellular service or personal ~ 23 communication service. 0 L 24 (2) An operator of a motor vehicle who holds a mobile telephone to, a~ ~ 25 or in the immediate proximity of his or her ear while such vehicle is in motion ~• 26 is presumed to be engaging in a call within the meaning of this section. The Y 27 presumption established by this subdivision is rebuttable by evidence tending U m 28 to show that the operator was not engaged in a call. "Immediate proximity" ± . . 29 shall mean that distance as permits the operator of a mobile telephone to hear 30 telecommunications transmitted over such mobile telephone, but shall not 31 require physical contact with such operator's ear. 32 (3) Subdivision (E) shall not apply to: 1 (a) the use of a mobile telephone for the sole purpose of 2 communicating with any of the following regarding an emergency situation: an 3 emergency response operator; a hospital, physician's office or health clinic; 4 an ambulance company or corps; a fire department, district or company; or a 5 police department; 6 (b) any law enforcement, public safety or police officers, 7 emergency services officials, first aid, emergency medical technicians and 8 personnel, or any fire safety officials in the performance of duties arising out 9 of and in the course of their employment as such; or 10 (c) the use of a hands-free mobile telephone when being used 11 in a hands free manner. 12 (F) The penalty for a first conviction or plea of nolo contendere for a 13 violation of Subsection E shall be $100.00. The penalty for all subsequent 14 convictions or pleas of nolo contendere for violation of Subsection E shall be 15 $200.00." 16 Section 2. SEVERABILITY CLAUSE. If any section, paragraph, sentence, 17 clause, word or phrase of this ordinance is for any reason held to be invalid or 0 18 unenforceable by any court of competent jurisdiction, such decision shall not ~ z ~ 19 affect the validity of the remaining provisions of this ordinance. The Council .p + ~ 20 hereby declares that it would have passed this ordinance and each section, ca ~~, . 21 paragraph, sentence, clause, word or phrase thereof irrespective of any ~ 22 provision being declared unconstitutional or otherwise invalid. ~ 23 Section 3. COMPILATION. Section 1 of this ordinance shall be 0 L 24 incorporated in and made part of the Revised Ordinances of Albuquerque, a~ ~ 25 New Mexico, 1994. ~• ~ 26 Section 4. EFFECTIVE DATE. This ordinance shall take effect five days a~ Y 27 after publication by title and general summary. U 28 m ± 29 30 31 32 33 X:ISHARE1LegislationlSeventeenlO-57fsfinal.doc 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 6 NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW 7 to read as follows: 8 (1) Except as provided in subsection (2) of this section, a person 9 operating a moving motor vehicle who, by means of an electronic 10 wireless communications device, other than a voice-activated global 11 positioning or navigation system that is permanently affixed to the 12 vehicle, sends, reads, or writes a text message, is guilty of a traffic 13 infraction. A person does not send, read, or write a text message when 14 he or she reads, selects, or enters a phone number or name in a 15 wireless communications device for the purpose of making a phone call. 16 (2) Subsection (1) of this section does not apply to a person 17 operating: 18 (a) An authorized emergency vehicle; or p. 1 EHB 1214.SL 1 (b) A moving motor vehicle while using an electronic wireless 2 communications device to: 3 (i) Report illegal activity; 4 (ii) Summon medical or other emergency help; 5 (iii) Prevent injury to a person or property; or 6 (iv) Relay information between a transit or for-hire operator and 7 that operator's dispatcher, in which the device is permanently affixed 8 to the vehicle. 9 (3) Enforcement of this section by law enforcement officers may be 10 accomplished only as a secondary action when a driver of a motor 11 vehicle has been detained for a suspected violation of this title or an 12 equivalent local ordinance or some other offense. 13 (4) Infractions under this act shall not become part of the 14 driver's record under RCW 46.52.101 and 46.52.120. Additionally, a 15 finding that a person has committed a traffic infraction under this 16 section shall not be made available to insurance companies or 17 employers. 18 NEW SECTION. Sec. 2. This act takes Passed by the House April 17, 2007. Passed by the Senate April 13, 2007. Approved by the Governor May 11, 2007. Filed in Office of Secretary of State EHB 1214. effect January 1, 2008. May 11, 2007. Philadelphia § 12-1132. Prohibiting Use of Mobile Telephones by Persons Operating Vehicles. 76.2 (1) Legislative Findings. The Council of the City of Philadelphia finds: (a) The City of Philadelphia is the largest city in the Commonwealth of Pennsylvania and the sixth-largest city in the United States. (b) As a result of its large and dense population, the City of Philadelphia experiences significant motor vehicle and pedestrian traffic within its boundaries. (c) Philadelphia has consistently been named as one of the most walkable cities in the United States and. this bill will protect the health, safety and welfare of pedestrians, bicyclists, skateboarders and inline skaters. (d) Mobile telephone usage has continued to increase in popularity in the United States. (e) Studies show: (.1) Mobile ®usage while driving increases the likelihood of a crash fourfold; (.2) Drivers operating motor vehicles while using a mobile ®are as impaired as drivers with a 0.08 percent blood alcohol level -the level that defines drunk driving in most states; (.3) The act of dialing a mobile ®is the most dangerous part of making a mobile ® call while operating a motor vehicle; (.4) The cost of crashes caused by mobile ®usage while operating a motor vehicle is estimated at $43 billion, annually. (f) Text messaging, instant messaging, web browsing and other mobile technologies are becoming increasingly popular and present an additional danger to motor vehicle operators. (g) Studies show: (.1) The use of text messages has increased over 1,000 percent from June of 2005 to June of 2007. (.2) Today, Americans send and receive more text messages per month than calls. (h) The use of mobile ®while operating a motor vehicle, skateboard, inline skates or bicycle poses a great risk to the health, safety and welfare of the operator of those vehicles, as well as pedestrians. (i) Requiring the use of a hands-free device for mobile while operating a vehicle within the City of Philadelphia is necessary to protect the health, safety and welfare of the citizens of Philadelphia. (j) Failure to use ahands-free device for a mobile ®while operating a vehicle within the City of Philadelphia shall constitute a violation of the Philadelphia Code. (2) Definitions. (a) "Hands-free device" shall mean an external device that connects to a mobile telephone or wireless communication device that allows the user to engage in a call without touching the user's telephone or wireless communication device. (b) "Street" shall have the same meaning as stated in § 12-102(16) of this Chapter. (c) "On-board communications device" shall mean a communications system or device that is hard-wired into the motor vehicle. (3) Prohibited Conduct. No person shall use a mobile telephone or wireless communication device in any way, including for voice communication, messaging or emailing: (a) while operating a motor vehicle on any Street within the City; (b) while using a skateboard, scooter, inline skates or bicycle on any Street within the City. (4) Exceptions. (a) Persons using ahands-free device for voice communication, provided that such person does not touch the mobile telephone or wireless communication device connected to such hands-free device while operating or using the vehicle, except as permitted under subparagraph (c). (b) Persons using a mobile telephone for voice communication to call "911" in an emergency, or to report a traffic accident or unsafe driving by another motorist. (c) Persons using a mobile telephone or wireless communication device while maintaining a motor vehicle in a stationary position in a parking lane or space out of moving traffic lanes, and not in gear. (d) Persons using on-board communications device for non-personal communication in the course of ordinary business in their employment with a City, State or Federal agency or authority. (5) Penalties. (a) The penalty for a violation of this Section shall be a fine of not less than $150, nor more than $300. In lieu of payment of such fine, a person who receives a notice of violation of this Section may, within 10 days of receipt of such notice, pay $75, pursuant to the procedures set forth in Section 1-112 of The Philadelphia Code. ORDINANCE NO. 106-2009 INTRODUCED BY: Legislative Committee of Council AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING SECTION 432.41 PROHIBITING THE USE OF WIRELESS HANDSETS TO TEXT MESSAGE WHILE DRIVING, AND DECLARING AN EMERGENCY WHEREAS, according to the Governors Highway Safety Association, four states - Alaska, Minnesota, New Jersey and Washington -outlaw text messaging while driving and legislation is being considered in 16 other states; and WHEREAS, mobile texters in the United States sent 158 billion messages in 2006, up 95 percent from 2005, according to industry statistics cited by the New York Times; and WHEREAS, according to a 2006 study by Nationwide Insurance, 19 percent of drivers use text messaging while at the wheel, and that number jumped to 37 percent among drivers aged 18 to 27; and WHEREAS, a national American Automobile Association survey of 1,000 16 and 17- year-old drivers found that 46 percent send text messages with their cell phones while driving; and WHEREAS, each year, 21% of fatal car crashes involving teenagers between the ages of 16 and 19 were the result of cell phone use, and this result is. expected to grow as much as 4% every year; and WHEREAS, in one tragic accident in Canandaigua, New York, police found that text messages were sent and received on a 17-year-old driver's cell phone moments before the vehicle slammed head-on into a truck, killing her and four other recent high school graduates; and WHEREAS, this Council believes that regulation of text messaging while driving is necessary for the health and safety of the citizens of the City of Olmsted Falls. Now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OLMSTED FALLS, CUYAHOGA COUNTY, STATE OF OHIO THAT: Section 1. That the Codified Ordinances of the City of Olmsted Falls are hereby supplemented by enacting new Section 432.41 to read as follows: Section 432.41 TEXT MESSAGING WHILE DRIVING. (a) As used in this section: (1) "Text message" means a message sent or received via a process using wireless handsets. For the purposes of this section, an e-mail shall be considered a "text message." (2) "Wireless handset" means a portable electronic device capable of transmitting or receiving data in the form of a text message. (b) No person shall use a wireless handset to compose, send or read text messages while driving a motor vehicle in the City of Olmsted Falls. (c) Notwithstanding the provisions of division (b), this section shall not be construed to prohibit the use of a wireless handset inside a motor vehicle to compose, send or read text message by: (1) A driver using a wireless handset to contact any law enforcement, police officers, emergency services personnel, emergency medical technicians, or fire safety officials to report an emergency situation; or (2) A driver using a wireless handset inside a motor vehicle while such vehicle is parked, standing or stopped and is removed from the flow of traffic, in accordance with applicable laws or rules, or is stopped due to the inoperability of such vehicle; or (3) A driver operating a public safety vehicle who uses a wireless handset in the course of that driver's duties. (d) Penalty. Whoever violates this section shall be fined one hundred dollars for the first offense, two hundred and fifty dollars for a second offense, and no more than five hundred dollars for each subsequent offense. SECTION 2. The Council finds and determines that all formal actions of this Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code. SECTION 3. This Ordinance is hereby declared to be an emergency measure for the immediate preservation of the health, safety and welfare of the residents of the City of Olmsted Falls because it will provide added protection to the traveling public in the City. Therefore, this Ordinance shall take effect immediately upon the affirmative vote of not less than five (5) members elected to Council, and signature by the Mayor, or otherwise at the earliest time allowed by law. Garry Thompson, President of Council PASSED: APPROVED BY: Robert Blomquist, Mayor Date APPROVED AS TO FORM: Paul T. Murphy, Law Director ATTEST: First Reading: Second Reading: Angela Mancini, Clerk of Council Third Reading: CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE SENATE BILL 5037 60th Legislature 2007 Regular Session Passed by the Senate April 16, 2007 YEAS 33 NAYS 15 President of the Senate Passed by the House April 11, 2007 YEAS 59 NAYS 38 Speaker of the House of Representatives Approved CERTIFICATE I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5037 as passed by the Senate and the House of Representatives on the dates hereon set forth. Secretary FILED Secretary of State State of Washington Governor of the State of Washington ENGROSSED SUBSTITUTE SENATE BILL 5037 AS AMENDED BY THE HOUSE Passed Legislature - 2007 Regular Session State of Washington 60th Legislature 2007 Regular Session By Senate Committee on Transportation (originally sponsored by Senators Eide, Weinstein, Murray, Berkey, Regala, Rockefeller, Kauffman, Keiser, Spanel, Jacobsen and Kohl-Welles) READ FIRST TIME 02/22/07. 1 AN ACT Relating to the use of a wireless communications device 2 while operating a moving motor vehicle; adding a new section to chapter 3 46.61 RCW; creating a new section; prescribing penalties; and providing 4 an effective date. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 6 NEW SECTION. Sec. 1. The use of wireless communications devices 7 by motorists has increased in recent years. While wireless 8 communications devices have assisted with quick reporting of road 9 emergencies, their use has also contributed to accidents and other 10 mishaps on Washington state roadways. When motorists hold a wireless 11 communications device in one hand and drive with the other, their 12 chances of becoming involved in a traffic mishap increase. It is the 13 legislature's intent to phase out the use of hand-held wireless 14 communications devices by motorists while operating a vehicle. 15 NEW SECTION. Sec. 2. Anew section is added to chapter 46.61 RCW 16 to read as follows: 17 (1) Except as provided in subsection (2) of this section, a person p, 1 ESSB 5037.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 operating a moving motor vehicle while holding a wireless communications device to his or her ear is guilty of a traffic infraction. (2) Subsection (1) of this section does not apply to a person operating: (a) An authorized emergency vehicle, or a tow truck responding to a disabled vehicle; (b) A moving motor vehicle using a wireless communications device in hands-free mode; (c) A moving motor vehicle using .a hand-held wireless communications device to: (i) Report illegal activity; (ii) Summon medical or other emergency help; (iii) Prevent injury to a person or property; (d) A moving motor vehicle while using a hearing aid. (3) Subsection (1) of this section does not restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission. (4) For purposes of this section, "hands-free mode" means the use of a wireless communications device with a speaker phone, headset, or earpiece. (5) The state preempts the field of regulating the use of wireless communications devices in motor vehicles, and this section supersedes any local laws, ordinances, orders, rules, or regulations enacted by a political subdivision or municipality to regulate the use of wireless communications devices by the operator of a motor vehicle. (6) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense. (7) Infractions that result from the use of a wireless communications device while operating a motor vehicle under this section shall not become part of the driver's record under RCW 46.52.101 and 46.52.120. Additionally, a finding that a person has committed a traffic infraction under this section shall not be made available to insurance companies or employers. ESSB 5037.PL p. 2 NEW SECTION. Sec. 3. This act takes effect July 1, 2008. --- END --- p, 3 ESSB 5037.PL California SEC. 3. Section 12810.3 is added to the Vehicle Code, to read: 12810.3. (a) Notwithstanding subdivision (f) of Section 12810, a violation point shall not be given for a conviction of a violation of subdivision (a) of Section 23123. (b) The section shall become operative on July 1, 2008. SEC. 4. Section 23123 is added to the Vehicle Code, to read: 23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. (b) Notwithstanding subdivision (a) of Section 42001 or any other provision of law, a violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense. (c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. (d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties. (e) This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles: (1) (A) A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver's license to operate. (B) The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471. (2) An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16. (3) A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101. (4) A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm. (5) A tow truck, as defined in Section 615. (f) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125. (g) This section does not apply to a person while driving a motor vehicle on private property. (h) This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed. SEC. 5. Section 23123 is added to the Vehicle Code, to read: 23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. (b) Notwithstanding subdivision (a) of Section 42001 or any other provision of law, a violation of this sections is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense. (c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. (d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties. (e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125. (f) This section does not apply to a person while driving a motor vehicle on private property. (g) This section shall become operative on July 1, 2011.