Wireless Device Driving Ordinance
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Chief McCollum discusses the dangers of distracted driving and recommends restricting wireless device use while driving. Distracted driving causes thousands of deaths annually. An ordinance banning handheld use but allowing hands-free use is recommended, along with public education and enforcement. Staff estimates a $15,000 cost to install signs within 60-90 days to notify drivers of the new restrictions.
Wireless Device Driving Ordinance
- 1. Distracted Driving Chief Scott McCollum College Station Police Department August 11, 2016
- 2. Recap- July 14 Workshop Discussion The Issue Many forms of distracted driving take attention away from the immense responsibility of operating a motor vehicle In 2014, 3,179 people were killed and 431,000 injured in crashes involving distracted drivers- DISTRACTION.GOV To reduce this toll, prevention must focus on the top factors associated with these crashes Driver distractions have joined alcohol and speeding as leading factors in fatal and serious injury crashes. At highway speeds, in five seconds, you will have traveled the distance of a football field.- Virginia Tech Inst. In December 2011, the National Transportation Safety Board recommended that all 50 states and the District of Columbia enact complete bans of all portable electronic devices for all drivers – including banning use of hands-free devices Educational efforts have not had the anticipated impact Public opinion polls show a majority of the public support prohibitive efforts.
- 3. The Objective Consider the passage of an ordinance that is both enforceable and prosecutable in an effort to: To reduce injury and property loss due to crashes caused by distractive driving To ultimately, save lives…. Recap- July 14 Workshop Discussion
- 4. Understanding the distracted brain National Safety Council 2012 Three types of distraction • Visual- Looking at anything other than the road • Manual- Taking one or both hands off the wheel • Cognitive- Taking your mind off the responsibility of driving Visual and Manual are short lived, cognitive last much longer. Combine the three together and you have the perfect storm Multitasking is a myth
- 5. A National Perspective Currently 46 States, D.C., Puerto Rico, Guam and the U.S. Virgin Islands ban texting messaging for all drivers. Of the 4 States without an all driver texting ban, 2 prohibit texting by novice drivers, 1 restricts school bus drivers from texting. 14 States, D.C, Puerto Rico, Guam and the US Virgin Islands prohibit drivers of all ages from using handheld cell phones while driving. No State bans all cell phone use for all drivers, but 38 States and D.C. ban all cell phone use by novice drivers and 20 States and D.C. prohibit use by school bus drivers. DISTRACTION.GOV Recap- July 14 Workshop Discussion
- 6. Recap- July 14 Workshop Discussion A State Perspective More than 100,000 crashes are attributed to distracted driving in 2014- TxDOT In 2015, 38 percent of drivers admitted to talking on their mobile phone while driving and more than 21.2 percent said they read or send text or emails- Texas A&M Transportation Institute One in five crashes involves driver distraction. Those who use cell phones while driving have a higher risk of collision than those who do not. - TxDOT Texas is one of only four States without a law prohibiting all drivers from texting while driving.
- 7. Recap- July 14 Workshop Discussion A State Perspective- Current State Laws Drivers with learner’s permits are prohibited from using handheld cell phones in the first six months of driving. Drivers under the age of 18 are prohibited from using wireless communication devices. School bus operators are prohibited from using cell phones while driving if children are present. In school zones, all drivers are prohibited from texting and using handheld devices while driving.
- 8. Recap- July 14 Workshop Discussion The following 66 cities have ordinances pertaining to cell phone regulation while driving: • Alamo • Alice • Amarillo • Aransas Pass • Argyle • Arlington • Austin • Bedford • Bee Cave • Bellaire • Brownsville • Buda • Canyon • Conroe • Converse • Corpus Christi • Deer Park • Denton • Edinburg • El Paso • Farmers Branch • Galveston • Grand Prairie • Groesbeck • Harlingen • Helotes • Hurst • Jacksonville • Kyle • Laguna Vista • Lake Dallas • Lakeway • Laredo • Little Elm • Magnolia • Maypearl • McAllen • Meadowlakes • Midland • Mission • Missouri City • Mount Vernon • Nacogdoches • New Braunfels • Palmview • Pampa • Penitas • Richwood • Rowlett • San Angelo • San Antonio • San Juan • San Marcos • Schertz • Shoreacres • Sinton • Snyder • Stephenville • Sweetwater • Tomball • Universal City • Wataugu • Westlake Hills • West University Place • Wimberly
- 9. Ordinance Analysis A State Perspective- Ordinance Characteristics Fines range from $116-$500 There are two types of ordinances found in Texas: Texting and Driving, 38 Hands-Free, 28
- 10. Ordinance Analysis A State Perspective- Ordinance Characteristics Complete Stop, 9 Legally Parked, 57 GPS Hands- free, 12 Open use, 13 Affixed, 40
- 11. Recap- July 14 Workshop Discussion A Local Perspective Texas A&M Student Senate is supportive of an initiative to restrict the use of electronic communication devices while driving in order to increase driver safety. May 17th Transportation and Mobility Committee Meeting Recent City survey has indicated a desire to restrict Consensus from City Council to pursue some level of restriction Hands Free Texting Only Allow or prohibit use in the roadway
- 12. Do Cell Phone Restrictions Work? Impacts of laws on crash rates • No real definitive study found that provides insight into benefits of cell phone use regulation. • Strong laws with publicized strong high visibility enforcement are a proven countermeasure for changing driver behavior.
- 13. Proposed Ordinance Definitions: Authorized Emergency Personnel means a person who is a law enforcement officer, firefighter, member of a governmental emergency medical services, communications or public utility function, or member of a governmental emergency management function. Hands-Free Device means speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle allowing use of the Wireless Communication Device without use of either of the operator’s hands. Use means employing, accessing or operating the Wireless Communication Device for any reason. Wireless Communication Device has the meaning assigned in Texas Transportation Code 545.425, as amended.
- 14. Proposed Ordinance Violation- An operator of a motor vehicle or a bicycle may not use a Wireless Communication Device while operating a motor vehicle or bicycle on a public roadway or highway Affirmative Defenses: Complete Stop- The motor vehicle or bicycle is at a complete stop. Hands-free device- The wireless communication device is used in hands-free mode of operation to engage in telephone communication or to listen to audio transmissions. Navigation- The Wireless Communication Device is used as global positioning or navigation device or for its global positioning or navigation operating software and the Wireless Communication Device is affixed to the motor vehicle or bicycle. Emergency Services- The Wireless Communication Device is used for obtaining emergency assistance to report a crime, traffic accident, medical emergency, serious traffic hazard or in prevention of a crime.
- 15. Proposed Ordinance Presumption- Evidence that a police office observed a person holding a Wireless Communication Device while operating a motor vehicle or bicycle in motion creates a rebuttable presumption that the person used a Wireless Communication Device in violation of this section Conflicts- To the extent this section conflicts with any provision of the Texas Transportation Code regarding the use of wireless communication devices or hand-held mobile telephones, this section does not apply. Non-Applicability- This section does not apply to: A. A person licensed by the Federal Communication Commission while operating a radio frequency device other than a Wireless Communication Device. B. Authorized Emergency Personnel while acting in official capacity.
- 16. Proposed Ordinance Other Considerations Police will not inspect nor seize personal cell phones in furtherance of ordinance violation investigations. There is no culpable mental state required Penalty is not a moving violation and may not be made a part of a person’s driving record.
- 17. National Transportation Safety Board Recommends Ban the non-emergency use of portable electronic devices for all drivers in all 50 states and the District of Columbia. Use the National Highway Traffic Safety Admin. model of high visibility enforcement to support such a ban. Implement targeted communication campaigns to inform motorists of the new law, enforcement and the associated dangers of distracted driving.
- 18. Conclusion Takeaways We need full attention for the task of driving- cognitive distraction is real and multi-tasking is a myth Hands-free is not risk free due to cognitive distraction. Ordinance must be enforceable and prosecutable Enactment and Education combined with effective Enforcement are key components to changing driver behavior Potential consequence will encourage voluntary compliance Staff Recommendation Hands-free model of restricted use
- 19. Associated Costs and Timeline We estimate approximately 30 entry and notification signs for the City of College Station Cost for each sign is $500 ($250 for the sign and $250 for installation) Total implementation cost approx. $15,000 Timeline to implement- 60-90 days Installation of signs- Three weeks Educate the public
- 20. Questions?