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Home > City Beat > Archives > 2009 > October > 22 > Entry

Council passes texting ban

Austin City Council members this morning unanimously passed a ban on text-messaging while driving, though a few speakers expressed concerns that it was too broad and wanted to delay it to refine the ordinance language.

The ban was supposed to take effect Nov. 2. But Council Member Mike Martinez, the ban’s lead sponsor, suggested extending that date to Jan. 1. He directed city staffers to conduct an educational campaign about the ban, and noted that the extra time would give council members and city commissions a chance to weigh in and suggest tweaks to the ordinance language.

Drivers will still be able to text while a vehicle is stopped. The ban will prohibit writing, sending or viewing electronic messages on a cell phone, BlackBerry, iPhone or any other wireless communication device while driving. Electronic messages will include text messages, e-mails, posts on social media sites such as Twitter and Facebook, and “a command or request to access an Internet site.”

Chip Rosenthal, a member of the city’s communications and technology commission, urged council members before the vote to give the public more time to review the language. “I think the language before you will have unintended and unanticipated consequences,” he said. “The scope is so much wider than just a ban on texting.”

Debbie Russell of the local chapter of the ACLU said the ban could also be tough to enforce.

Council members Laura Morrison and Bill Spelman suggested postponing the item two weeks to give city commissions more time to review it. That motion failed and the council passed Martinez’ compromise: delaying the effective date until Jan. 2.

Exempt from the ban will be navigational systems, texting in emergency situations and public safety personnel who use wireless devices while on duty. Violations will be Class C misdemeanors, which can be appealed in Municipal Court and carry a fine of up to $500, though the penalty could be increased if a driver is caught engaging in another dangerous driving behavior, such as speeding.

Permalink | Comments (128) | Post your comment Categories: On the dais

Comments

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By HAT

October 22, 2009 11:49 AM | Link to this

If the person wants to fight the ticket for texting, then have the officer impound the device for evidence. Bet that would shut them up REAL fast. God forbid that someone go more than 4.7 seconds without having to text or otherwise communicate, mostly trivial, banal, meaningless, tripe to someone else!!

By Carl

October 22, 2009 11:50 AM | Link to this

Yeah, because the solution to all of life’s problems is to inact a ban! I’m sure the Austin City Council would flat out ban driving if they could. That’d prevent 100% of traffic fatalities…oh wait! We have to have a loop hole for police officers to enforce this no driving ban. What a joke!

By cesar

October 22, 2009 11:52 AM | Link to this

what if you’re using your phone as a navigation system?

By Carl

October 22, 2009 11:56 AM | Link to this

To cesar: “Exempt from the ban will be navigational systems”

By HAT

October 22, 2009 11:56 AM | Link to this

Yeah a joke until some selfimportant nimrod slams into you while texting. Or better yet ALMOST hits you while LEGALLY crossing the street, in a cross walk, while gabbing on the phone. Causing you to have to make a rapid and injurous jump out of the way, resulting in the tearing of the meniscus in your right knee!! Yeah, happened to me on Aug 18 crossing congress @ riverside and the —-hole NEVER even looked at me and KEPT right on driving!! So, yeah INACT a ban on DANGEROUS and RECKLESS behavior while operating a motor vehicle!!

By Rob

October 22, 2009 11:56 AM | Link to this

I smell disaster. This is a violation of our liberties under the Constitution. Just another law to make money off of. I know the hope is to curb wrecks, but as it’s shown in other cities, people don’t stop texting, they just hold their phone lower where no one can see them, which actually has been proven to cause even more wrecks. Great job city council!!! It’s humanly impossible the know all the laws that exist in this City, State, and Country because there are too many. Don’t do this, don’t do that. What’s left to do. Forget trying to lower crime, we’re worried about how people use their phones.

By stateoftheheart

October 22, 2009 11:57 AM | Link to this

Awesome, another law that punishes everyone because of a few drivers that can’t walk and chew gum. The language on this definitely needs to be refined. my iphone streams xm satelite radio to my car’s stereo… is that legal or no? My navigation system is on my iphone, pandora radio is connected to the internet, etc. Can I have a designated texter?

This shouldn’t be a law, but common sense to not text while driving.

Also, who texts during an “emergency situation”? Does 911 accept texts that say “OMG Help! WTF? Hurry Up!”? Also, who text’s during an “emergency situation

By HAT

October 22, 2009 11:59 AM | Link to this

Using a phone AT ALL while driving is reckless and should be BANNED. ANYONE that defends texting while driving has issues with their selfimportance over the safety of soceity. There is NO defense for texting while operating a motor vehicle, NONE!!

By Sarah

October 22, 2009 12:14 PM | Link to this

So what if the directions to the place you’re going are in an email and you’re reading that? I know that the small town my family lives does not have accurate streets and directions on most navigational systems. Ugh, what a pain in the butt!

By D

October 22, 2009 12:14 PM | Link to this

If texting while driving has been banned then we need to enact more laws to ban putting on makeup, messing with the radio or cd player, digging under your seat or glove box, assisting crying babies in car seats and digging in your nose while driving as well. Not saying texting and driving is safe but hey if you can do it and not cause an accident why not. Some people can’t drive a manual car and some can that doesn’t stop them from driving they just choose something they can handle and if you can’t handle texting while driving the same rule applies.

By dpeeps

October 22, 2009 12:17 PM | Link to this

ummm….a violation of your liberties under the constitution? how so? oh that’s right, i forgot…”we the people of the united states, in order to form a more perfect union, shall have electronic devices permanently attached to us so that we shall be able to send text messages and check our facebook” silly me, how could i forget

By Mark

October 22, 2009 12:17 PM | Link to this

What about looking at the calendar on my Blackberry? Checking the time? Scrolling through the address book? And can you people learn to spell “enact”?

By Andrew

October 22, 2009 12:18 PM | Link to this

I’m teXtinG ThIs whiLe drIviNg!1!!!

By Andrew

October 22, 2009 12:20 PM | Link to this

I’m teXtinG ThIs whiLe drIviNg!1!!!

By Drive by

October 22, 2009 12:21 PM | Link to this

LOL…Council Member Martinez was texting and jay walked into traffic on his way to city hall when I was down there a few weeks ago!

By Andrew

October 22, 2009 12:22 PM | Link to this

I’m teXtinG ThIs whiLe drIviNg!1!!!

By Travis Cook

October 22, 2009 12:24 PM | Link to this

I wish we lived in a society where a ban like this is unnecessary. But we don’t. The ban is sorely needed. Just last week, a young girl, nearly hit us head-on, and as we swerved she looked up from texting and gave us a dirty look like we were at fault. There is no limit, to the number of self important nimrods in this town. So a ban is the only logical choice.

By Carl

October 22, 2009 12:25 PM | Link to this

To cesar: “Exempt from the ban will be navigational systems”

By HAT

October 22, 2009 12:26 PM | Link to this

Uhh Sarah, how about planning the trip in advance or, I don’t know?? Maybe PULL OVER and read to your heart’s content!! WHY do you HAVE to read and/or text WHILE driving?? Why can’t you JUST pull over?????? Oh that’s right the 2 or 3 minutes you loose will certainly be the END of CIVILIZATION as we know it!! It’s all about common sense, which is NEVER common. If it were, more people would possess it.

By HAT

October 22, 2009 12:28 PM | Link to this

If that were really true andrew, then I hope the only person you kill/maim is yourself. OUTTA the pool with your kind!!!

By Sucram

October 22, 2009 12:35 PM | Link to this

I just don’t think they’ll be able to enforce it.

Whos to say that I wasn’t using my GPS on my phone? I’ll have plenty of time to delete my recent messages while the officer pulls me over and comes up to my window. Where’s your proof now?

I’m not saying texting and driving is ok, but this is just silly. Its a scare tactic that will only work on those people who didn’t do it in the first place.

By Sucram

October 22, 2009 12:37 PM | Link to this

I just don’t think they’ll be able to enforce it.

Whos to say that I wasn’t using my GPS on my phone? I’ll have plenty of time to delete my recent messages while the officer pulls me over and comes up to my window. Where’s your proof now?

I’m not saying texting and driving is ok, but this is just silly. Its a scare tactic that will only work on those people who didn’t do it in the first place.

By faceless

October 22, 2009 12:41 PM | Link to this

Make the law very broad & enforce it. I watched a young lady continually text / read messages for about 3 miles the other day. She was half in the right lane & half in the bike lane most of the time. 2 weeks ago a teen had his car pointed right at me while I was walking along a curved road - I shouted & startled him - it was funny & scary at the same time. People are dying & being severly injured because of this. Talking on the phone is bad enough - but to read & type things at the same time????

By AlanA

October 22, 2009 12:46 PM | Link to this

What if you are using your phone for any number of ‘things’ not listed in the ordinance? That still gives authorities PC to pull you over. There are so many additional issues that this poorly executed ordinance will create.

By ROBERT

October 22, 2009 12:49 PM | Link to this

THE LIBERAL CONTROL FREAKS ARE OUT OF CONTROL! NOW THE STUPID OBAMA ADMINISTRATION WANTS TO REGULATE EVERYTHING ON THE INTERNET! PROBABLY WILL BAN ANY ANTI DUMOCRATIC INFO FROM THE INTERNET AND LIBERALS WHO USED TO OPPOSE SUCH INTERFERENCE WITH FREE SPEECH WILL PRAISE OBAMA AS DOING WHAT THE COUNTRY NEEDED. MAN THIS OBAMA MAKES HITLER LOOK SLOW MOVING IN HIS TAKE CONTROL. HOPEFULLY HE IS SETTING THE DUMOCRATIC PARTY BACK 50 YEARS BY THE TIME HE IS THROUGH WITH HIS “CONTROL OF THE POPULATION” MOVES.

By bc

October 22, 2009 12:53 PM | Link to this

If you need to use your cell for any reason,PULL OFF THE ROAD. THE LIFE YOU SAVE JUST MAY BE YOUR OWN.

By john hanson

October 22, 2009 12:53 PM | Link to this

we already have global over crowding . we dont need laws like this that will only increase overpopulation . keep the stupid alive and our ancestors will all be stupid . is that the world you want to live in ? an overpopulated one with stupid people ?

By enough

October 22, 2009 12:58 PM | Link to this

Please let me know when the $120k a year City of Austin departmental head of personnel overseeing the txting ban gets posted …

I will be needing an assistant, so please you apply as well.

Sent from my IPhone.

By jz

October 22, 2009 12:59 PM | Link to this

Those of you against this are cracking me up! Its for the safety of yourself, your loved ones, everyone! How am I supposed to drive without using my phone? You could drive before cell phones were invented, so I think you’ll be able to get around just fine without them. Sarah, you might have to print those directions up before you leave. I know, what a huge hassle! Too funny!

By JP

October 22, 2009 1:00 PM | Link to this

I’m liberal, but I think this ban is stupid. SO MR. ANTI-DUMOCRAT (ROBERT) WHAT DOES THAT MAKE ME?

Isn’t it fair to say that once someone is ignoring the road in favor of the device, the evidence of that is ignoring a rule of the road - at which you’re talking about “reckless driving,” a rule already in place?

By James

October 22, 2009 1:05 PM | Link to this

I think Robert just set himself back 50 years for another stupid post. Thanks, keep it up. This guy posts Obama or dumocrat idiotic rants on any thing that comes up. Oh and hold off on the caps lock.

By KMac

October 22, 2009 1:10 PM | Link to this

What they should really ban is doing anything while you’re doing something else.

By enough

October 22, 2009 1:13 PM | Link to this

JP, A while back I almost got run off a bridge by a soccer mom in a mini-van full of kids and ballons… as much as I can be sympathetic with MADD, focusing on txting etc etc, when are we going to get a friggen law outlawing stupid driving… she knew what she was doing when she was turned around in her seat to do what-ever she was doing … a drunk driver doesnt really know what he/she is doing … difference is that she would never have spent one day in jail for killing me in an accident. How about we just punish the people causing the accidents no matter what the heck they are doing .. be fine with me if somebody chooses to knit socks while driving as long as they obey real traffic laws.

By Kait

October 22, 2009 1:13 PM | Link to this

Yes it will be hard to enforce, but when you or a family member is injured or killed by someone who was texting there will be legal recourse. If people are so irresponsible to believe they are so much more skilled than the average person that they are able to read and write while driving putting others at risk then this society needs to create laws to make such actions illegal. While other actions while driving are also dangerous ie. putting on makeup etc. these actions aren’t happening at the escalating rates that texting and cell phone usage are and therefore don’t need specific laws.

By Allie

October 22, 2009 1:14 PM | Link to this

dpeep: It is a violation of constitutional freedoms to enact a statute that is too broad or too restrictive in meeting the legitimate needs and interests of the city. Simply because the constitution doesn’t include anything about driving restrictions, does not mean that we do not have rights or that the politicians can enact laws in a reckless manner. I certainly do not believe that texting while driving is, in any way, safe. But, neither is adjusting the radio, digging in your purse, eating your burger, etc. Think of how stupid a statute that bans eating in your car would sound! This clearly goes along the same lines. I understand being intensely opinionated, but when you don’t actually know anything about constitutional law, you sound ridiculous.

By enough

October 22, 2009 1:14 PM | Link to this

JP, A while back I almost got run off a bridge by a soccer mom in a mini-van full of kids and ballons… as much as I can be sympathetic with MADD, focusing on txting etc etc, when are we going to get a friggen law outlawing stupid driving… she knew what she was doing when she was turned around in her seat to do what-ever she was doing … a drunk driver doesnt really know what he/she is doing … difference is that she would never have spent one day in jail for killing me in an accident. How about we just punish the people causing the accidents no matter what the heck they are doing .. be fine with me if somebody chooses to knit socks while driving as long as they obey real traffic laws.

By keith

October 22, 2009 1:28 PM | Link to this

Yeah this ban WILL be tough to enforce - that’s a guarantee. While I am all for banning drivers from texting, I would much rather see the city council ban more than just txting while driving - how bout a ban on getting dressed while driving, reading the newspaper or a book while driving…the list goes on.

But I just cannot see how the council is can allow “public safety personnel who use wireless devices while on duty” to text, or emergency text (how many people will use that as an excuse to get out of the ticket.

Basically that exemption is saying that cops, firefighters and EMS technicians, not to mention probably any city employee, to be able to text while they are driving in a city vehicle and say they are on duty. THEY should be the ones leading by example, not doing something everyone else is forbidden to do (almost like sticking their tongue out at the public!). I guess Marc Ott will text while he drives (unless he has finagled the city council to give him a driver!)

By Simian Pundit

October 22, 2009 1:39 PM | Link to this

It’s unfortunate it had to come to this, but where common sense fails, the law must fill the vacuum. Now if they’d only ban talking on cell phones while driving.

By AmericaTheBeautiful

October 22, 2009 1:41 PM | Link to this

Hallelujah! Thank you!

By Bubba_fett

October 22, 2009 1:43 PM | Link to this

Uh, Robert…Obama isn’t on the City Council.

By Reader

October 22, 2009 1:48 PM | Link to this

If you get ticketed for texting while drive, sue the crap outta the city for violating your civil/constitutional rights. That’s the only way to get them to pay attention.

By Jim

October 22, 2009 1:48 PM | Link to this

Reading a text might have given Ott and edge on the fact that the mansion burned. I guess the next disaster will take a week for him to find out about. I don’t text while I drive but I think I would feel better about forbidding it if I saw a cop giving a ticket to someone on a bicycle. On my 14 mile drive home yesterday I saw 3 blatant traffic violations by cyclist.

By I will say it again.

October 22, 2009 1:48 PM | Link to this

I agree this will be hard it enforce. Most people will just hold the phone lower, or raise the windows and being that the cops windows are tinted, Mine are tinted and hes wearing sunglasses…fat chance.

But NO NECK Martinez, You and your other turtle friends need to get to banning Driving with a DOG on your lap.

I would think a dog doing his business on your lap would be way more of a distraction then Texting someone back. “Scoop the poop” is what they want, how can you do this while keepin eyes on the road.

Go head idiots if it makes you feel good, But people will still do it….

Now I know to keep a spare Navigational system on my passenger seat and tuck my cell away if i get pulled over and just say I dont have one. Feel free to spend time pursuading me to search my car… I know the laws…

…..The stupid ones too.

By brian

October 22, 2009 1:50 PM | Link to this

This ordinance is as dumb as Council that approved it. I see cops driving around all the time working on their dash mounted laptops, are they any safer than I am when I check the Statesmen traffic twitter feed from my windshield mounted iPhone?

This will just give cops even more excuses to pull people over… “oh, you say you were just changing the song on your iPhone, I thought you were texting, here’s your ticket for texting, bring it up with the Judge.”

By birk

October 22, 2009 1:51 PM | Link to this

Why didn’t they ban reading, eating or talking to kids in the backseat while driving? How many fat a$$es do you see eating or reading and driving? How many soccer moms do you see yapping at kids in the back seat. Oh boy, we sure wouldn’t want to piss the moms off with this now would we.

By BKinATX

October 22, 2009 2:00 PM | Link to this

Austin fails.

By ATX

October 22, 2009 2:10 PM | Link to this

Good luck enforcing the ban! Am I looking at my phone, texting, hitting the button for hands free, using my PDA as a GPS device…etc. Like I said good luck!

By elvis

October 22, 2009 2:10 PM | Link to this

It’s time to ban the cell phones too, most of you idiots can barely drive in the first place and have no business talking on the phone. You selfish idiots endanger everyone around you.

By Jason

October 22, 2009 2:13 PM | Link to this

Ban City Council!

By PW

October 22, 2009 2:14 PM | Link to this

FINALLY!!!!!!!! All of you complainers would be the first in line at a lawyers office if your wife, husband, child, mother, father died as a result of an accident that was caused by a “texter”. I love my cell and I love the capabilities BUT I love my life and my families life more. GET A GRIP PEOPLE - IT’s TEXTING!!!

By LilBrookie

October 22, 2009 2:15 PM | Link to this

Do I think texting while driving is stupid? Absolutely. Everyone is going to have an opinion so let’s respect that and go on. Proof is in the pudding and you’ll see that when and if you get caught and have to attend court.

By LilBrookie

October 22, 2009 2:15 PM | Link to this

Do I think texting while driving is stupid? Absolutely. Everyone is going to have an opinion so let’s respect that and go on. Proof is in the pudding and you’ll see that when and if you get caught and have to attend court.

By can of whupazz

October 22, 2009 2:16 PM | Link to this

The council should lift the ban on delivering a serious asswhoopin to anybody caught texting while driving.

By DOP

October 22, 2009 2:16 PM | Link to this

I have been riding with people who text and drive and it is dangerous! Good thing that this was passed.

By Time4Change

October 22, 2009 2:16 PM | Link to this

The city should ban all new and used car sales that have a GPS Navigation system in them too…. I see drivers all the time looking at them.

By LarrySchuler

October 22, 2009 2:18 PM | Link to this

So, we should have ONLY laws that are easy to enforce? Tell me, what laws ARE easy to enforce? Is DRUNK DRIVING easy to enforce? Is Proof of Insurance easy to enforce? As to texting, the enforcement will come AFTER you have run into something or over someone - and your phone records have been subpeonaed from your phone company. After we read about a few of you being found guilty, and the resulting hassles of court, lawyers and legal fees — hopefully many of your mindless friends will think twice about texting (or using the phone, or doing anything else) while driving.

By dgirl

October 22, 2009 2:19 PM | Link to this

What about..? What if…? But, but…

How did life exist before cell phones and blackberries???

By Boop

October 22, 2009 2:20 PM | Link to this

So….if I live in Williamson County and access the internet on my Blackberry there and then access CNN.com - which is not email, a text, or a social network - and I read CNN all the way into town on MoPac, according to the limited lanaguage of the adopted city ordinance in this article, it doesn’t appear that I would have broken the law. But if I wait until I cross the county line to access CNN I would be…Is that right?

By crying foul

October 22, 2009 2:23 PM | Link to this

And all you people thinking this is good will be the first to complain that you were cited for txting while you were just dialing a phone number or happened to glance at your phone and a police officer sees you.

I want to know how they know that you were reading a txt message as opposed to just looking at your phone to see who’s calling.

By Stoopidisasstoopiddoes

October 22, 2009 2:24 PM | Link to this

If an officer pulls you over for texting, an immediate way to get out of the ticket would be to have the officer throw the texting device into traffic and have you play frogger for it. Knowing that your fellow drivers will be too busy taking pics of you and uploading them to Facebook to avoid hitting you, it MIGHT just make you think twice about running into traffic - after all - you want THOSE drivers to be paying full attention to the road if YOUR life is at stake.

By Bernard

October 22, 2009 2:34 PM | Link to this

So, Let’s say I get caught texting while driving.

I can Delete my messages and access the GPS on my phone in less than 15 seconds.. I am completely safe from being ticketed before I even pull over..

I also have a Zune, (like an Ipod) that I use with my cars stereo system. if an Officer drives by and sees me on that.. it looks like a phone.. What I get ticketed for that because he thinks I was calling someone? Another way for them to suck money from me.. its BS

I agree with stateoftheheart, and the analogy that a few drivers that can’t walk and chew gum. There are soooo many people who cannot drive here in Austin… people who stop 20 Car lengths before the people in front of them.. people who can’t signal or need to come to a complete stop when pulling into McDonalds cause there worried their car will flip over or something.. Drives me insane..

By aclu

October 22, 2009 2:34 PM | Link to this

If the ACLU and I agree on something, you know it must be bad.

By Steve

October 22, 2009 2:36 PM | Link to this

I think the council has yet to explain adequately why a new law is needed when existing laws adequately cover this issue. We have a law against wreckless driving - texting while driving in the event of an accident or other vehicular injury would surely be covered. Additionally - this law is almost impossible to enforce. When a car is moving, the police are supposed to be able to adequately tell that you are text vs making a phone call - especially with tinted windows? Are they going to pull over everyone they see with a phone in there hand while in a car? Or is this an after the fact law - i get a ticket if i am texting while driving and get into an accident? or What if they see me, but i quickly erase the text and turn my phone off - “no officer, i wasn’t texting, look my phone is off”, well, i saw you sir, no you didn’t and i was going 60 mph and i have tinted windows, how do you know what you saw, you have no proof.” this is an assinign, ill thought out, unenforcable law. Let APD focus on stopping real crime for once.

By moneymike

October 22, 2009 2:37 PM | Link to this

Can I still “SEXt” from my cell phone while driving?

also, it said “wireless device”, what if I’m wired up and using while it’s wired to my car?

By brian

October 22, 2009 2:39 PM | Link to this

Maybe we should ban eating while driving too… that would also close down all the Drive Throughs which would also help our air quality by having less cars idling

By MichaelC

October 22, 2009 2:45 PM | Link to this

The problem I have with this ordinance is not the intent or the conviction of the City Council. I have a problem with not letting the Telecom Commission have a look at the language first. Chip is right. Read the language that was passed into law today. It has a much larger scope than just texting. It bans ALL cellular data “..that uses a commonly recognized electronic communications protocol.” This means that listening to any streaming audio, traffic update apps not considered ” GPS navigation”, and any other future apps we can’t conceive of yet will be a class C misdemeanor.

City Council should have taken a little more time to get the ordinance language right so that it would have been the solid example legislation we all intended it to be. Instead it could end up being a legal nightmare.

By Tom

October 22, 2009 2:57 PM | Link to this

Again we have liberal dimwits making laws when they have no idea of the technology they are making a law about. Navigation systems are exempt, so bam just open the Nav app on your phone and your phone is exempt. Another example of a stupid law by people ignorant of technology. Hell just put jammers on all the highways and street and jam all communications that will work. I seen people talking on the phone be more distracted than someone txting. This law will go the way of all stupid laws, it will be ignored and only enforced when there is a wreck involved.

By Donovon

October 22, 2009 3:06 PM | Link to this

Jammers FTW!

By call a whaaaambulance!

October 22, 2009 3:08 PM | Link to this

None of you crybabies showed at the city council meeting today, so tough chit if you don’t like the new ordinance. Them’s that vote is them’s that get.

By moneymike

October 22, 2009 3:09 PM | Link to this

i want to be the first to get popped for this and take to court.

By brian

October 22, 2009 3:15 PM | Link to this

hey “call a whaaaambulance” in case you don’t understand… some of us have to work during the day when City Council has their meetings and we can’t attend them. So, shut your friggin piehole before I make you shut it.

By call a whaaaambulance!

October 22, 2009 3:24 PM | Link to this

Somebody call a whaaaambulance for Brian too. LOL douche, I stopped in this morning before I went to work to register my support. I have a full time job too internet tough guy.

By college

October 22, 2009 3:39 PM | Link to this

C’mon people. This ain’t the end of the world. Was it over when the Germans bombed Pearl Harbor.

By Mark

October 22, 2009 3:40 PM | Link to this

This makes it illegal to operate a personal GPS while driving. A GPS allows you to ” view electronic messages” with a “wireless device.”

By jayski

October 22, 2009 3:45 PM | Link to this

Well as long as I can still read the newspaper and drive I dont care….

By Time4Change

October 22, 2009 3:48 PM | Link to this

This CITY COUNCIL IS TO LIBERAL and Austin is quickly becoming the worst place to live….. but they are Keeping It Weird!!!!!!

By mysticnights

October 22, 2009 3:49 PM | Link to this

I just love the drivers who are texting or talking on their phones and driving in between or all over the lanes or getting on the freeway going 20MPH. I have almost been hit by several of these idiot drivers. I have literally had to get on the shoulder to avoid being hit. You get up even with them and sure enough there is the driver carrying on a conversation or texting and not paying one bit of attention to driving. They are oblivious to other drivers. If you drive and want to talk get a hands free device, if you want to text then pull over. While not totally safe it is much better than driving one handed and talking or texting on a phone. The hands free devices are not that expensive and if you have a new vehicle a lot of them come with blue tooth in them. I totally agree with this ban but maybe making the wording more clear. I am not for the government trying to get into my live anymore than anyone else but this is one law that I agree with. I actually wish the American people would take a stance again some of these laws that are being passed without our knowledge.

By dawniebeth

October 22, 2009 3:50 PM | Link to this

I got slammed into by a person who was having a fight with his daughter. BAN all talking in car’s

My daughter was hit by a driver who t-boned her after running a red light while yelling at her daughter. BAN all yelling in the car

You can look over to change your radio channel and take your eye off the road a second and slam into the back of someone. BAN radios in all cars Spilling hot coffee in your lap while driving will also make you take your mind off the road. BAN drinking in all cars. Dropping food in your lap while eating on the run. BAN all food in cars. What is next..Where has all the common sense gone? Oh was that banned also? BAN BAN BAN….

Can we ban childish emails also while they are at it?

By tkelley

October 22, 2009 3:51 PM | Link to this

duh … how hard can it be, city council?

navigation system? is everyone in this city continuously lost?? How did you survive before navigation systems came on the scene?

By self centered folks take heed

October 22, 2009 3:53 PM | Link to this

As someone who was run off the road (while driving) by a kid who was texting, I support this ordinance 100%. The behavior is unacceptable and folks who think it’s unfair should do some serious introspection.

By Mike Oxlong

October 22, 2009 3:56 PM | Link to this

So can we keep texting until they put signs up?

By cdare57

October 22, 2009 3:57 PM | Link to this

Robert - you’re a dumb$^&*

By Curious

October 22, 2009 3:57 PM | Link to this

Will this include ticketing Texas football players that are driving while texting at 3am? Wait was that ‘intextification’ or ‘intoxication’?

By Di

October 22, 2009 3:57 PM | Link to this

While I agree texting while driving should be banned in ALL STATES…I don’t think it will be easily enforced…that being said…

A little over a year ago in Oklahoma City, a man crossing the street in front of his HOME was run down and killed by a teenage girl who was so busy texting the teenage girl in the passenger seat beside her she couldn’t pay attention to the road!

I agree with some of the posts, what can you possibly have to say to someone that cannot wait until you are OUT of your car!

By it's the end of the world!!!11

October 22, 2009 3:58 PM | Link to this

“Austin is quickly becoming the worst place to live” then GTFO and move to Dallas *****! And when you get there, learn the difference between ‘to’ and ‘too’.

By Chris

October 22, 2009 4:00 PM | Link to this

The ban should have been proposed as no phone usage while driving which would include talking & texting. Other cities in Texas already have this ban.

By dan fielding

October 22, 2009 4:00 PM | Link to this

what if you get a text from President Obama seeking support for the Health Care bill?

What if it’s a really hot broad?

By M3

October 22, 2009 4:03 PM | Link to this

It’s unenforceable, unprovable and I intend to ignore it as I am confident that 99% of the population will do as well. What a stupid waste of time for the city council to be involved with this. I can’t wait to vote Mike Martinez out of office.

By RIchard

October 22, 2009 4:04 PM | Link to this

They should ban the use of all cell phones while driving period. No Texting, No Calling, No nothing.

By yoly

October 22, 2009 4:06 PM | Link to this

what about talking on cell phones ? we almost got hit today lady was on phone and almost hit me head on

By Time4Change

October 22, 2009 4:07 PM | Link to this

Can we pass a referendum that would require all ordinances to be voted on by the people of Austin vs being made law by a bunch of self serving politicians?

By ignore at your peril

October 22, 2009 4:12 PM | Link to this

haha M3, Mike Martinez is the most popular coucil member in Austin. Good luck with that!

By bascoboy

October 22, 2009 4:14 PM | Link to this

Can I still read the AAS while driving?

By joe-joe

October 22, 2009 4:14 PM | Link to this

Calm down everyone. You’re forgetting one important fact…who’s going to enforce this? Yes, we all see people texting while driving, but do the police? Maybe…but they don’t give a rat’s ***. Do you think they are really on the look out for texters? Nope. You can drive right by them withot your seatbelt and you won’t get a ticket. BTW I still think the ban is a good idea.

By JRS

October 22, 2009 4:17 PM | Link to this

This is ridiculous. Next they’re going to be banning everyone from talking to PASSENGERS in our cars! After all, I’ve been in two accidents where the other drivers were at fault due to being distracted by others in their car. Common sense people. If it distracts you in any way and you can’t focus on driving, pull the @#$% over!

By Victoria

October 22, 2009 4:19 PM | Link to this

Doesn’t go far enough — ban talking on the phone, too.

By Greg

October 22, 2009 4:20 PM | Link to this

Welcome to Austin “Nanny State” Texas. What a joke.

By JRS

October 22, 2009 4:21 PM | Link to this

Victoria and all others saying the same thing - why stop there? Ban talking period! Stupid people.

By JB

October 22, 2009 4:27 PM | Link to this

People with ATT shouldnt have issues..half the time we don’t even have service.

By Victoria

October 22, 2009 4:28 PM | Link to this

No, that’s not what I said JRS. I just don’t want to be run over (or see anyone else run over) because someone is catching up on the latest gossip or closing a deal. Nothing is that important.

By me me me

October 22, 2009 4:30 PM | Link to this

Laws like this wouldn’t be necessary if so many motorists weren’t such selfish unthinking narcissists.

By John

October 22, 2009 4:30 PM | Link to this

Since everyone has a cellphone or Berry these days, what’s to prevent the police from pulling anyone over anytime and conduct a search claiming they witnessed texting and now they need to find the device. No need for cause or consent.

By Kip

October 22, 2009 5:00 PM | Link to this

Good for the City Council. This is the first ordinance they’ve passed that I agree with 100%. Last year 6,000 people (READ THAT AGAIN: 6,000 innocent people) D-I-E-D because of texting. Not a big deal you say? Tell that to their families. I dare you.

By IfTruthBeTold

October 22, 2009 5:02 PM | Link to this

This is a small start. We need to ban cell phones while the car is in motion, and we need to ban texting even at red lights (that’s where I see some of the worst offenders).

By lbs

October 22, 2009 5:07 PM | Link to this

driving on the road with people on their cell phones sux. i can’t believe people are upset at this. young people are so attached to their dang phones. it’s like their little dolly. i wish they’d put those things where the sun don’t shine.

By Finally!

October 22, 2009 5:10 PM | Link to this

Oh hush up yuppies. There is no earthly reason your text cannot wait until the next red light, or blackberry calendar check, or whatever. Safety first people.

By Kip

October 22, 2009 5:17 PM | Link to this

Article from laist.com: “The U.S. Department of Transportation hosted a two-day summit yesterday and today on district driving, announcing that 5,870 people were killed and 515,000 were injured last year in crashes involving at least one form of driver distraction, according to the Associated Press. That’s 16% of crash fatalities in 2008.”

newsadvance.com: WASHINGTON — Opening a government meeting on auto safety, the Obama administration reported Wednesday that nearly 6,000 people were killed and a half-million injured last year in vehicle crashes connected to driver distraction, a striking indication of the dangers of using mobile devices behind the wheel.

“You see people texting and driving and using cell phones and driving everywhere you go, even in places where it’s outlawed, like Washington, D.C. We feel a very strong obligation to point to incidents where people have been killed or where serious injury has occurred,“ Secretary Ray LaHood said. The new data underscored the major problem of distractions involving young drivers. The greatest proportion of distracted drivers were those age 20 and under. Sixteen percent of all under-20 drivers involved in fatal crashes were reported to have been distracted while driving, the government said. In July, the Virginia Tech Transportation Institute found that when drivers of heavy trucks texted, their collision risk was 23 times greater. Dialing a cell phone and using or reaching for an electronic device increased risk of collision about six times in cars and trucks. The Virginia Tech researchers found the risks of texting generally applied to all drivers, not just truckers. A separate report by Car and Driver magazine found that texting and driving is more dangerous than drunken driving. Other groups have focused on texting, which has grown from nearly 10 billion messages a month in December 2005 to more than 110 billion in December 2008, according to CTIA-The Wireless Association, the cellular phone industry’s trade group. The Governors Highway Safety Association, which represents state highway safety officials, recently reversed course and said it would support new laws banning texting behind the wheel. The Alliance for Automobile Manufacturers, which represents 11 automakers, including General Motors, Ford and Toyota, said it supports a ban on texting and phone calls using handheld devices.”

By Toby Petzold

October 22, 2009 5:49 PM | Link to this

It’s okay to text at red lights? But that’s the point of maximum craniorectality! I’ll bet half of all (my) road rage starts right there with morons not going on green. Grrrr!!!

By who cares

October 22, 2009 5:54 PM | Link to this

You’d think life would cease without wireless technology. How did we ever survive the good ole pre wireless days.

By Justin Time

October 22, 2009 6:03 PM | Link to this

There is no all-important life-saving text message that is worth driving into somebody for. You think that your social networking is more important than my family?

Those of you who say that you can erase your messages and turn off your phone if you are caught, YOU are the problem.

Chances are the D-bag in the Audi who swerved into me TWICE on Friday as I was on my way home from work thought his text messaging was extremely important. Then, of course, I got the bird when I honked at him. Nice culture we’ve created.

Those of you who complain about having too many laws, you’re right. There are too many laws; it’s just a shame that our society has become so self-absorbed and technology-dependent that we can’t put down the cell phone and drive for two minutes.

And to the guy in the Black Audi on Parmer Ln at 3:45 on Friday, you can keep texting; just make sure it’s on I-35. I never bother with that traffic mess, anyway.

By Jimmy

October 22, 2009 6:05 PM | Link to this

I feel like I’m in high school again. Ban on high school age drivers? Yes!

By rm

October 22, 2009 6:39 PM | Link to this

Cop - “You were texting and I am writing you a ticket for it.”

Me - “No sir, I was selecting a person out of my address book and dialing them.”

Cop - “No, you were texting…I could see you texting from 20 feet away in my patrol car.”

I can see it now. Better yet, folks that are going to text anyway, will just hold the phone down in their laps, where their eyes will be even farther from the road. I wish stupid politicians would quit trying to protect everybody from themselves.

By LarrySchuler

October 22, 2009 6:46 PM | Link to this

Maybe we should only have laws that are easy to enforce? What laws ARE easy to enforce? Is DRUNK DRIVING easy to enforce? Is it important to get drunks off the road?

DWT enforcement will come AFTER you have run into something or over someone. Remember this: YOUR PHONE RECORDS CAN BE SUBPEONAED FROM YOUR PHONE COMPANY. It doesn’t matter if you erase something or turn your phone off.

Soon we will be reading about some of you being found guilty and paying fines and fees for Driving While Texting (DWT), and hopefully your mindless friends will then think twice about doing anything that is too distracting while driving a motor vehicle.

By Eddie

October 22, 2009 6:59 PM | Link to this

First of all you will have to obtain a search warrant to obtain cell phone bills in order to prosecute these cases. To prove the driver was texting. It is an officer testifying and writing a citation accompanied by a police report. Yes, this will probably narrow down the estimated time of the offense, but now we are aking about witnesses in the car and just the officer’s word. Take these cases to trial and jam up the dockets and we’ll see how this plays out. Keep it simple. Ban all cell phone while driving. Phones are personal and protected by the Bill of Rights (don’t knoe which one though:) I see cops on their cell phone all the time. What’s good for the Goose is good for for gander:) Work smart, not hard.

By JJ

October 22, 2009 7:41 PM | Link to this

guilty….I texted and read half of the Statesman while sitting in traffic for 30 minutes trying to get through the light at 2222/360

By rick

October 22, 2009 8:09 PM | Link to this

Austin is the “hub” for massive cocaine traffic of the Mexican La Familia cartel; meanwhile, Austin City Council concentrates on the serious epidemic of texting while driving…

By AustinExPat

October 22, 2009 8:42 PM | Link to this

Nobody has a right to text or talk on the phone while driving. Driving is a privilege, not a right. If you need to talk on the phone or text, pull over until you’re done. Even just talking on the phone while driving has been shown to be equivalent to driving drunk. Don’t ask me for references; Google them yourself. Do you think laws against driving drunk are a violation of your Constitutional rights? You may as well think that if you think texting or even talking on the phone behind the wheel should be your right. ‘Bout damn time they made texting behind the wheel illegal.

By Ignorance Ordinance

October 22, 2009 8:52 PM | Link to this

I can only hope that most of this petty banter is by teenagers and not grown adults. There are so many of you that really need to look up the definition of a FALSE ANALOGY!!! You look very ignorant.

By Patsy Monsoon

October 22, 2009 8:58 PM | Link to this

Council Member Morrison and Spellman are dumb first off. All phone use should be banned, period. And this should equally be for public safety on personal calls. I see more officers on phones than anyone else. They should pull those records - volume of personal versus work calls. If somone had balls to do that what an interesting study. Also - I hope the media is smart enough (hummm) to sit outside city hall and record how many city officials pull into the city hall garage while on their phone, just from now until January alone…….

By m

October 22, 2009 8:59 PM | Link to this

Good now we can make citizens arrest on ALL THOSES TEXTING COPS!!!

By C

October 23, 2009 9:12 AM | Link to this

These comments say it all. I wish a ban on texting while driving would do the trick, but it won’t. The law CANNOT fill a hole called, “lack of good sense”. If you are not a multi-tasker, then don’t. Simple. Don’t put others at risk because you want to get the quarter that you dropped under the seat, dig a cd out of a case, find the piece of paper on the passenger seat that has the directions on it. Whatever it is, if you are driving, then DRIVE.

By JR

October 23, 2009 10:08 AM | Link to this

Hey Justin Time - Where are you driving that only takes you 2 minutes??? Everyday I get in my car and go to and from work, I’m in the car for at LEAST 45 minutes.

All you folks who are for banning cell phone use in vehicles completely, why stop there? Tell me, how exactly is talking to someone on your cell phone while driving more distracting than talking to someone sitting in the seat right next to you? If anything, one could argue that passengers are more distracting than talking over the phone. Think about, how often do you glance over at the person you’re speaking to while driving? When you’re on the phone, you can focus your eyes completely on the road. Heck, let’s just ban passengers!

By perturbed

October 23, 2009 10:53 AM | Link to this

If you were using a GPS on your phone and get ticketed because the cop thought you were texting, it’s the officer’s word against yours if you take it to court. Guess who the Judge will believe? Is the cop going to check your cell-phone for text messages before he tickets you. I don’t want anybody looking at my messages.

By Joe

October 23, 2009 11:01 AM | Link to this

How come cops are exempted? Why is less dangerous for them to do it? Do they receive special “texting while driving” training?

By Justin

October 23, 2009 12:45 PM | Link to this

City coffers must be low. This, much like seatbelt laws, have zero to do with safety. This is a revenue generater sold as public protectionism - nothing more. The obvious result will be that merely looking at one’s phone while driving will be deemed illegal. When one aims a car down the road and pushes the gas it’s their responsibility to keep it under control - that’s as good as it gets. Distractions are infinite. Selectively banning a few because of their widespread use in order to profit from such is shameful. Btw, where was my vote on this? If we really want to save lives, let’s ban alcohol…oh, wait, I forgot, too much money is made off it’s sale. How do we go about removing this Martinez guy from council?

By Joe

October 23, 2009 3:28 PM | Link to this

Hey Andrew, I hope your driving skills are better than your texting skills. You nimrod, you’re the reason laws like this need to be enacted!

My guess is that there is an open container of alcohol between his legs too!

By Ariana

October 27, 2009 4:24 PM | Link to this

I get why people are annoyed by it - it manages to be both too broad and not comprehensive enough at the same time. But as somebody who drives a scooter, I’m glad for the ban. In just the past week, I’ve been nearly hit THREE times. The first time, it was a pizza delivery driver on a phone. The second time it was a woman heading the wrong way down Lavaca on a Friday night (hmm wonder if she was drunk, seeing as how EVERYBODY in this damn city seems to drink and drive all the time). The third time it was a group of college age girls in an SUV trying to take an illegal left while the driver was texting. After the near miss, I noticed they were all laughing about it. People here just do not know how to drive well, and that’s coming from a girl who grew up in Boston. In Boston we drive like jerks but we’re usually good at it. GET OFF YOUR PHONES. Just pull over if you need to use the cell. It takes 2 seconds. I chide bicyclists and motorcyclists for not wearing helmets - it’s not fair to another driver if they die in an accident for lack of minimal headwear. You car drivers need to be fair, too. For my sake and the sake of other people on 2-wheeled vehicles, please, don’t kill us over a text message.

By Sell Your Cellular

October 28, 2009 4:34 PM | Link to this

In theory this ban makes sense and is much needed. But in all practicality, I don’t see this being very effective. For one, many people can text and view their phones out of site of the vehicle windows.

I spoke to a police officer and he had mentioned that they were instructed to watch out for reckless driving behavior such as swerving and driving slow. In the event that they pulled up to that vehicle and saw phone usage, they would pull them over.

I like to think that this is going to help but something in the back of my mind tells me this was passed in a hurry to calm some major advocacy groups.

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