This was just forwarded to me from a friend. Looks like you better put those cell phones down while driving in Austin.
http://www.statesman.com/news/content/news/stories/local/2009/10/23/1023textban.html
Council bans texting while
driving
Some speakers say ban too broad; council delays
effective date to January.
By Sarah Coppola <mailto:scoppola@statesman.com>
AMERICAN-STATESMAN STAFF
Friday, October 23, 2009
The Austin City Council unanimously passed a ban Thursday on text messaging while driving, though a few speakers raised concerns that the ban is too broad and urged council members to spend more time refining it.
The ban was supposed to take effect Nov. 2; instead, it will take effect Jan. 1. Council Member Mike Martinez suggested the delay, saying it will give the public and city commissions more time to review and suggest tweaks to the ordinance. He also asked city staffers to use the time to conduct an educational campaign about the ban.
Drivers will still be able to text when their vehicle is stopped. The ordinance will prohibit writing, sending or viewing electronic messages on a cell phone, BlackBerry, iPhone or any wireless communication device while driving. Electronic messages include text messages, e-mails, posts on social media sites such as Twitter and Facebook, and “a command or request to access an Internet site.”
The ordinance exempts placing a phone call, using a navigation system or a wireless device permanently installed in a vehicle and texting in emergency situations. It also exempts public safety personnel who use wireless devices while on duty. Drivers could still use a voice-activated mode on their wireless devices to send messages.
Violations will be Class C misdemeanors, which carry a fine of up to $500 and can be appealed in Municipal Court. The penalty could be increased if a driver is caught engaging in another dangerous driving behavior, such as speeding.
Chip Rosenthal, chairman of the city’s community technology and telecommunications commission, asked council members before the vote to take more time to review and revise the ban.
“I think the language before you will have unintended and unanticipated consequences,” he said. “The scope is so much wider than just a ban on texting.”
He said the language could potentially ban actions that drivers can do safely, such as glancing down at an electronic note or using Pandora, an Internet radio service.
Debbie Russell of the local chapter of the American Civil Liberties Union questioned why public safety employees would be exempt, saying texting while driving poses the same risks for them. She added that the ban could be tough to enforce and may lead to intrusive searches of wireless devices as police or prosecutors gather evidence against violators.
Council Members Laura Morrison and Bill Spelman suggested postponing the item two weeks to give city commissions more time to review it. Their motion failed and the council passed Martinez’s proposal on the ban now but delayed the effective date to January.
Martinez noted that the ban has been in the works for two years, since he first proposed it during meetings of a public safety task force.
The ban, he said, “is not about enforcement or revenue generation. It’s about safety and awareness.”
scoppola@statesman.com; 912-2939
