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?