No cell phone while driving in Lakewood

[Betsy Voinovich]

Lakewood City Council passed this Tuesday night. I'm not sure when it goes into effect but I was thinking about it while I was talking to my mom on my cell phone after I dropped my kids off at school this morning. I went online to look at the ordinance. I will copy it here:

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:
Section 1. New Section 331.346, Using Mobile Telephones while Driving, of the Codified Ordinances of the City of Lakewood is enacted to read as follows:
331.45 USING MOBILE TELEPHONES WHILE DRIVING.
(a) Definitions. As used in this Section:
(1) “Mobile telephone” means, including but not limited to cellular, analog, wireless and digital telephones.
(2) “Use” means to use a mobile telephone in text messaging, typing, reading or scrolling on the mobile telephone’s screen or display, dialing, answering, talking or listening.
(3) “Park” means for an automatic transmission vehicle that the vehicle is in the Park gear; for a standard transmission vehicle that the vehicle is in the neutral gear and the brake is being utilized or otherwise stationary.
009
(b) Purpose. It is the purpose of this Section and the policy of the City to regulate the use of mobile telephones, which are used while persons are operating a motor vehicle in order to protect other persons operating motor vehicles and pedestrians and other forms of traffic in the City.
(c) Severability. In the event that any provision of this Section is found by a court of competent jurisdiction to be invalid, unconstitutional or unenforceable, such provision shall be deemed severable from the remainder of this Section and shall not cause the invalidity or unenforceability of the remainder of this Section; and if a provision shall be deemed invalid only because of excessive scope or breadth, the provision shall be deemed valid to the extent of the scope and breadth permitted by law.

(d) Use; Restrictions.
(1) No person shall operate a motor vehicle on any street or highway while engaging in any conduct defined as the “use” of a mobile telephone unless the operator maintains both hands on the applicable steering device.
(2) Subsection (d)(1) hereof does not apply to a person who is using the mobile telephone:
A. To contact public safety forces, or
B. While maintaining the vehicle in the park position either on public or private property, or
C. With a “hands-free device” which allows the operator to maintain both hands on the vehicle while using the mobile telephone.

Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were passed in an open meeting of this Council and that all deliberations of this Council and any of its committees that resulted in such actions were in meetings open to the public and in compliance with legal requirements.

According to a report I saw about this on TV, this is a primary offense, so you can be pulled over just for being on the phone. I am happy to see it I think; it will be an inconvenience not to be able to talk on the phone, but I'm happy that police will be able to pull people over who are texting.



Betsy Voinovich

[Dan Alaimo]

What about maps/GPS?

[Dan Alaimo]

What about maps/GPS?

Seriously , what about maps/GPS? Eventually we will all have cars with it built in and I don't rely on it much for getting around Lakewood, but if I'm going someplace else I will start out with it in Lakewood. I've come to depend on it for simple decisions like should I take 71/Snow to Parma or surface streets to avoid traffic? I'll set it up in my driveway but sometimes it calls for a simple touch - "start", "re-center" - which I don't see excepted here.

This law is an excellent idea and most of us will agree with it, but I wonder if it was completely thought through.

[Matthew Lee]

From what Betsy posted (thanks, Betsy!) if you set the map on your phone and do NOT touch it while driving, that is fine. But if you are driving and fumbling with your phone to get to a map, that is not fine.

Basically, from what I read, do not touch your phone at all while driving and you will be good. Touch your phone while driving (for any reason) and you could get a ticket.

[Stan Austin]

If the government is to prove its contention that you were using a phone in contradiction to the ordinance how would this be proved----an officer's contention? time specific data from a carrier?

[Stan Austin]

By the way--- here's one that is related and prime for some lawyers to chime in-- to whom belongs the data of your water meter readings?
Stan Austin-- a querulous citizen

[Dan OMalley]

Betsy -

The law goes into effect in 90 days. This will hopefully give enough time to educate the public about the change. I'm glad that it's being covered by the local media and discussed here.

Dan -

Built-in vehicle navigation systems can continue to be used. GPS devices or phones with GPS apps can continue to be used so long as they're mounted on the dash and involve "one-touch" commands, voice commands, etc. However, typing in an entire address, for example, should not be done while driving. I hope this answers your questions.

[Dan Alaimo]

Betsy -

Dan -

Built-in vehicle navigation systems can continue to be used. GPS devices or phones with GPS apps can continue to be used so long as they're mounted on the dash and involve "one-touch" commands, voice commands, etc. However, typing in an entire address, for example, should not be done while driving. I hope this answers your questions.

Dan,
I don't see the "one-touch" specifically exempted.

[Mark Kindt]

Overview of Regulation from the National Council of State Legislatures (NCSL)

This very recent link provides more information on how cellphone usage is regulated nationally.

http://www.ncsl.org/research/transporta ... -laws.aspx

[Dan OMalley]

Betsy -

Dan -

Built-in vehicle navigation systems can continue to be used. GPS devices or phones with GPS apps can continue to be used so long as they're mounted on the dash and involve "one-touch" commands, voice commands, etc. However, typing in an entire address, for example, should not be done while driving. I hope this answers your questions.

Dan,
I don't see the "one-touch" specifically exempted.

This exemption was only added Monday evening during the final Public Safety Committee hearing on the ordinance, and so the version posted above may not be the most updated. Several other amendments were made. I'll post the finalized ordinance here soon.

[Stan Austin]

I remember 20 years ago when cell phones were coming into popularity that this kind of municipal legislation became popular. What prompted this?

[Dan OMalley]

Betsy -

Dan -

Built-in vehicle navigation systems can continue to be used. GPS devices or phones with GPS apps can continue to be used so long as they're mounted on the dash and involve "one-touch" commands, voice commands, etc. However, typing in an entire address, for example, should not be done while driving. I hope this answers your questions.

Dan,
I don't see the "one-touch" specifically exempted.

This exemption was only added Monday evening during the final Public Safety Committee hearing on the ordinance, and so the version posted above may not be the most updated. Several other amendments were made. I'll post the finalized ordinance here soon.

Dan -

Finalized ordinance attached. See page 3 - subsection b (exemptions), #4.

Stan - re: what prompted this - I think the first page of the ordinance (various "whereas" clauses) provide a good explanation.

[Dan Alaimo]

Got it. Thanks, Dan, you answered the question!

[Stan Austin]

Dan-- thank you for the simple and concise response to my question. It has validity nationally presumably. Is there any Lakewood incidents which prompted this effort? Stan Austin

[Jim O'Bryan]

Is there any Lakewood incidents which prompted this effort? Stan Austin

I think it is called "elections."

.