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Austin first city in state to ban texting while

driving

Scott Johnson began to notice what he terms “irresponsible behavior” by drivers

several years ago during his daily commute to work on his bicycle.

“Drivers would swerve and cut me off and I could see through their windshield

that they were texting,” Johnson, a local golf teacher and environmental consultant said.

“Something had to be done, so I brought up a proposal to ban text messaging while

driving at a public safety task force meeting in 2007.”

On Jan. 2, 2010, Johnson’s plea will finally become reality making Austin the

first city in Texas that bans drivers from texting while driving, according to AAA data.

The new law, unanimously passed by the Austin City Council on Thursday, Oct.

22, will be a Class C misdemeanor with a fine of up to $500.

The ordinance bans drivers form sending, receiving or viewing text messages

from their cell phone or any other wireless communication device while driving. Drivers

still can send messages while their vehicle is stopped, place phone calls, use navigation

systems and use wireless communication devices that are permanently installed in their

car.

Initially set to go into effect on Nov. 2, the council voted to delay implementation

until Jan. 2, to give the city more time to educate the public and hear concerns about the

ordinance.
Johnson said he is concerned with the absence of public outreach programs

regarding cell phone use while driving and believes education on the issue is lacking.

“There’s no education in high school or driver’s education,” he said. “We need to

force the public’s hand and stop this irresponsible behavior.”

AAA fully supports the ordinance and publically called for a nation-wide ban by

2013, Dan Ronan, spokesman of AAA Texas, said.

“It’s a state issue and the states have to make the decision,” Ronan said. “So that’s

exactly what we’re going to do. We’re going to lobby to all 50 states until we get a

nation-wide ban.”

Ronan said there are currently 18 states that have laws that address text messaging

by all drivers, but Texas is not included in that list.

AAA studies found younger drivers take their eyes off the road up to 400 percent

more often when text messaging. Also, roughly one-fifth of U.S. drivers admitted to

texting while driving at least once in the last 30 days, according to another AAA study.

An all-out ban of cell phone use while driving is not on the near-term radar for the

Austin City Council, but members are concerned with any distraction that takes drivers’

eyes off the road, Louis Less, Councilman Chris Riley’s chief of staff, said. He said

Austin citizens will have opportunities to attend sub-committee meetings to give

feedback and learn more about the issue.

However, only one meeting has been held and no future meetings have been

scheduled.
Local software and computer consultant Chip Rosenthal attended the sub-

committee meeting Wed. Oct. 28, but said city officials gave no real answers to the

questions posed by the public concerning the law’s language.

“Under the way the law is written right now, changing songs on my cell phone

using Pandora live-streaming Internet radio would be against the ordinance,” Rosenthal

said.

He said he believes the law’s language is too broad and expands beyond texting to

all cell-phone use.

“If the city is going to spend that much time and effort to develop a policy, then

the city should be clearer on what drivers can and cannot do,” Rosenthal said. “How can

people obey the law if they don’t know exactly what the law is?”

Austin Police Department Highway Enforcement Lt. Craig Cannon doesn’t think

the interpretation or enforcement of this ordinance will be any different from any other

new traffic law.

“If we see you driving recklessly with your head down in your lap or you’re

playing with phone in clear view, it’s not going to be difficult for us to determine that

your were texting,” Cannon said. “We want people to devote their full attention to

driving.”

Cannon acknowledged enforcement would be easier for officers on motorcycles

than it will be for policemen in squad cars because of the vantage point and

maneuverability of motorcycles. He said Texas law does not have primary and secondary
offenses and officers can pull over drivers if they have reason to believe the drivers are

texting. If there is debate, then it will be handled in court just like any other law, he said.

“I just hope that the point will get across that we’re serious about this,” Cannon

said. “Whatever you have to tell your friend, it can wait. It’s not that critical.”

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