City Hall Proposes To Toughen Texting While Driving Laws

[marklingm]

FOR IMMEDIATE RELEASE
December 4, 2012


Lakewood City Council’s Public Safety Committee to Hold Public Hearing
On Proposal to Toughen Texting While Driving Laws

On Thursday December 13 at 6:30 PM the public will have the opportunity to contribute to the discussion on Proposed Ordinance 44-12 at a public hearing of the Lakewood City Council’s Public Safety Committee at Lakewood High School in Lecture Hall 2.The proposed ordinance calls for Lakewood to strengthen the newly enacted state law by elevating the offense of texting by an adult driver from a secondary offense, as is currently written in the state law, to a primary offense. Proposed Ordinance 44-12 would also maintain the full ban on the use of electronic devices by minors.

On June 1, Governor Kasich signed House Bill 99 to restrict the texting while driving behaviors of adult drivers and to prohibit all cell phone use (including talking and texting) by teen drivers. The legislation included a provision granting power to municipalities to construct local ordinances that are more stringent than the state law. Neighboring communities such as Beachwood, Brooklyn, North Olmstead, and others have already fully banned the use of cell phones while driving.

Proposed Ordinance 44-12 was brought before the City Council by Councilman David Anderson on September 17. “I find this notion very similar to a sobriety checkpoint,” said Anderson. “We do not just wait to see if a driver is swerving in and out of a lane.” Research indicates that using a cell phone has a comparable negative impact on one’s ability to drive as driving under the influence of alcohol. According to the Ohio State High way Patrol there were 31,231 automobile crashes in Ohio that were a result of distracted driving between 2009 and 2011. During this time, distracted driving caused 74 deaths and 7,825 injuries. Distracted driving is defined as any activity in which a driver is engaged that has the potential to distract him or her from the primary task of driving. Using a cell phone while driving stands out among all other behaviors as the most dangerous distracted driving activity in which a driver can engage. Research shows that young drivers who use a phone while driving are four times more likely to injure themselves in a crash. Text messaging causes a driver to increase his or her risk of crashing to 23 times that of a driver focusing on the road.

The entire community is invited to participate in the public hearing on Thursday December 13th and/or submit testimony for consideration by the City Council. Testimony may be submitted in person at the hearing or in advance via email to council@lakewoodoh.net. Speakers will be limited to three minutes and are asked to sign up fifteen minutes in advance in Lecture Hall 2.

# # #
For more information please contact the City Council Office at 216-529-6054 or at council@lakewoodoh.net.


Maureen E. McHugh
Legislative Liaison to the City Council
City of Lakewood
email: maureen.mchugh2@lakewoodoh.net
phone: 216-529-6054


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[Corey Rossen]

Matt, you may never get out of your driveway!

Corey

[marklingm]

Matt, you may never get out of your driveway!

Corey

Corey,

Well, if you would just stop posting videos on YouTube, City Hall would have no new laws to pass.





Matt

[David Anderson]

Hello -

Lakewood High’s Dr. Greanoff invited me to visit three of his classes to discuss Ohio’s new law and this proposed ordinance which I introduced to Council. These were great discussions and I learned much from the students. I am excited that Principal Wagoner has agreed to allow the Public Safety Committee to hold a hearing at the high school next week. It should be fun and I can’t think of a better issue and forum on and from which to engage our student citizens and our newest and soon to be newest drivers.

Lakewood does have distracted driving laws on the books now and officers can pull over drivers they feel are not dedicating full time and attention to the road. Police Chief Malley provided excellent thoughts on this point during the Public Safety Committee’s first discussion on this proposed ordinance a few weeks ago. However, the motivation behind this proposed ordinance is to (1) see whether we can agree on a new Lakewood law that specifically identifies texting and talking on a device as distractions and whether such codification would make our steets and neighborhoods safer and (2) educate motorists of all ages about Ohio’s new law.

Here is a portion of my statement as I introduced this proposed ordinance a couple of months ago.

Ohio recently became the 38th state in the nation to ban drivers from engaging in text based messaging while operating a vehicle. Specifically the new law which took effect in Ohio on August 31: (1) makes texting behind the wheel for anyone 18 years of age and older a secondary offense, (2) bans minors from using any electronic device while driving with the exception of a hands-free device, making this a primary offense and (3) provides local municipalities the opportunity to identify all violations as primary offenses allowing an officer to pull a driver over on the suspicion of a violation.

The proposed ordinance I introduce now would take advantage of the opportunity to tailor certain aspects of the law to meet local desires which is fully within the intent of the law. The proposed ordinance before us now would: (1) make texting violations by an adult and all texting and talking on a phone while driving violations for minors primary offenses, (2) identify the first offense by an adult a minor misdemeanor and each subsequent offense within a year a fourth-degree misdemeanor and (3) establish the penalty for the underage-use prohibition “in accordance with juvenile court law and procedure.” (This third point is due to the fact that there is no juvenile court in Lakewood and fines/penalties cannot be imposed on a minor absent such a court.)

David W. Anderson
Councilman, Ward 1
216-789-6463

[Jim O'Bryan]

Lakewood does have distracted driving laws on the books now and officers can pull over drivers they feel are not dedicating full time and attention to the road.


Ohio recently became the 38th state in the nation to ban drivers from engaging in text based messaging while operating a vehicle. Specifically the new law which took effect in Ohio on August 31: (1) makes texting behind the wheel for anyone 18 years of age and older a secondary offense, (2) bans minors from using any electronic device while driving with the exception of a hands-free device, making this a primary offense and (3) provides local municipalities the opportunity to identify all violations as primary offenses allowing an officer to pull a driver over on the suspicion of a violation.

David


First, thanks for coming in on this, as the one putting this out there, I appreciate the
chance to read your words, and to ask questions.

I pulled the two parts of your post, so that I can better understand why we need more
laws on the books. Or is this a redefinition.

As a person that stops to text, but often reads text while driving especially when they
are directions to a meeting, I am wondering about the practicality of the laws and the
enforcement of the new laws.

My phone is a camera, dictation machine, GPS, and internet device to name but a few
of the functions. Is the GPS feature, a distraction? How does an officer tell the difference
between GPS usage and "texting" does it not get blurrier when the text is directions to
a house or business?

Or, pardon me for asking, is this another Lakewood law used to keep "those people" in line?

As always thanks for the post and the answer.


.

[marklingm]

Lakewood does have distracted driving laws on the books now and officers can pull over drivers they feel are not dedicating full time and attention to the road.

David,

As you noted above, there already is a law prohibiting this activity. If this “new” law passes will it be enforced - uniformly?

By way of example, I’m sure the following law is not enforced - uniformly:

373.16 LICENSE REQUIRED.

(a) No person who resides within the City, shall operate a bicycle within the City unless such bicycle has been licensed by the Chief of Police and the license plate or decal is attached thereto as provided herein.

(b) This provision shall not apply to any bicycles in transit within the City; provided that such bicycles have been registered in some other municipality in accordance with the terms of an ordinance similar to the foregoing if such exists, or if the owner is a resident of another community.

(Ord. 38-10. Passed 7-19-10.)

Matt

[David Anderson]

Great questions, Jim.

I’ve come to realize that many drivers don’t believe texting on the phone constitutes distracted driving. Yes, police officers can already pull over “texters” for being distracted but yet we all observe fellow motorists regularly texting while driving. Actual distracted driving citations before an accident occurs are few and far between in Lakewood. (The overwhelming majority of distracted driving citations are issued to motorists after an accident.)

Personally, I feel specific codification of texting while driving as distracted and the promotion of such a law to Lakewood residents may do as much or more to curtail this dangerous practice than citations from officers.

As an example, we don’t just tell motorists to stop speeding. We tell them what speeding is by posting 25 MPH and 35 MPH signs on all the streets. I’m not sure what good our distracted driving law is if only a few other than police officers know what types of activities, including texting, constitutes “distracted.”

Secondly, I don’t think it makes much sense to have a harsher penalty to a driver under 18 as opposed to someone who is 18, 19, 20, 45 or 75 and commits the same act. The proposed ordinance would make texting while driving a primary offense for all motorists in Lakewood.

You point out rightly that it is very difficult for an officer to determine what exactly is going on inside a car and/or with a handheld electronic device. As far as the use of a hand held electronic device as a GPS instrument, camera or other, these and other scenarios/allowances are covered in the new Ohio law and this proposed ordinance would not impact those aspects at all. Lakewood officers are going to have to deal with these types of uncertainties with drivers regardless of this proposed ordinance.

We have a new Ohio law. Texting and talking on the phone while driving and under the age of 18 is a primary offense. Texting while driving and 18 years of age or older currently is a secondary offense. I don’t think this fits perfectly well with the densest city in the state and I feel, at a minimum, identifying texting while driving a primary offense for all motorists will make us all a bit safer in time.


Matt -

I appreciate where you’re coming from.

I’m not sure what is or isn’t enforced “uniformly.” Some officers pull over motorists going 29 in a 25 zone and others don’t. We have a distracted driving law in Lakewood and yet we all regularly see motorists, what appears to be, texting while driving. So, what good is the distracted driving law if (1) drivers don’t consider texting as a distracting activity, (2) we all continue to see driving while texting and (3) actual distracted driving citations are rare unless issued after an accident?

As I mentioned above, we just don’t tell motorists not to speed. We tell them what speeding is.

Maybe in five or 10 years we will all come to believe that texting while driving is distracting and dangerous without the aid of one of Lakewood’s finest. For now, though, I think the proposed ordinance is a good step.


Again, I was excited to visit Dr. G's classes a few weeks back and look forward to 6:30 p.m., December 13, Lecture Hall 2, Lakewood High School.

[marklingm]

I’m not sure what is or isn’t enforced “uniformly.” Some officers pull over motorists going 29 in a 25 zone and others don’t.

David,

That's my point.

Matt

[marklingm]

We have a distracted driving law in Lakewood and yet we all regularly see motorists, what appears to be, texting while driving. So, what good is the distracted driving law if (1) drivers don’t consider texting as a distracting activity, (2) we all continue to see driving while texting and (3) actual distracted driving citations are rare unless issued after an accident?

David,

City Hall obviously already considers texting a distracting activity.

It would seem logical that City Hall would first try citing actual distracted drivers before an accident since you state that "we all continue to see driving while texting."

I'm assuming that, if we all continue to see driving while texting, this includes the police.

If we all see driving while texting now, why do we need a "new" law?

Matt

[David Anderson]

To discourage texting while driving, Matt, I think we need a dual approach that (1) helps all motorists to know the activity is illegal and (2) encourages police to be more persistent in citing for distracted texting while driving specifically before an accident happens.

My opinion of the need to do so and that this ordinance does the trick could be completely off base. (It wouldn’t be the first time for either.) However, it is being debated – a positive regardless of the outcome – and we’re receiving public input.

Not that you asked, but, I haven’t had any real feedback from other members of Council as to how they would vote if a final vote were to be held today.

I appreciate the back and forth.

[marklingm]

Not that you asked, but, I haven’t had any real feedback from other members of Council as to how they would vote if a final vote were to be held today.

David,

I didn't even think to ask because that would be an Ohio Sunshine Law violation.

Matt

[marklingm]

I appreciate the back and forth.

David,

Thank you!

I really do appreciate the back and forth from you.

Please encourage your City Hall pals to visit us more often.

Matt

[Sean Wheeler]

I think we need a dual approach that (1) helps all motorists to know the activity is illegal and (2) encourages police to be more persistent in citing for distracted texting while driving specifically before an accident happens.

Can't we achieve both of these goals without a new law? I'd really appreciate an effort at city hall to create more awareness around the new state law. And as for encouraging the police to also be more aware of people breaking the law, I'm all for any effort to give support to our police force in any way we can.

The issue with Lakewood creating its own law is that it's based on a state law that is surely going to be heavily challenged and litigated in the course of the next few years.. The US Supreme Court is wrestling with the new legal issues brought about by the mobile digital age. By creating a new law, Lakewood would only get mired in that muck way before we needed to. Let the courts catch up with the technology, but in the meanwhile, maybe our time would be better spent in achieving the goals stated above without using such a legislative approach.

It's good to see civic engagement like this. I appreciate the opportunity to participate, and am glad to hear about Dr. Greanoff's great work.

[marklingm]

Trying to keep these two threads together:

http://www.lakewoodobserver.com/forum/viewtopic.php?f=7&t=11445

[Tim Liston]

I believe that Lakewood already has a “full time and attention” ordinance that basically requires any user of the streets (motorist, cyclist, etc.) to pay attention 100% of the time. Which means no distractions whatsoever, be it cell phones (voice or text), putting on makeup, reading the paper, music so loud you can’t hear sirens (including earbuds), whatever. I am curious to know if tickets get written for such violations around here. I’d bet not….

So perhaps it’s more than a coincidence that the PD ran the Derf cartoon below just yesterday.

Click here for Knitting While Driving

Though texting and cell phone yakking are gravely dangerous motorist behaviors, we don’t need additional legislation. We just need to enforce what is already on the books. Forcefully. Please….