The issue of distracted driving is hotly debated in the U.S., with Transport Secretary Ray LaHood pushing to reduce activities behind the wheel that may lead to an accident.
It’s a fair point and that’s why, so far, 35 states and the District of Columbia have banned both handheld cell phone use and texting when behind the wheel.
Banning all mobile devices, however, including hands-free devices, as the National Transportation Safety Board (NTSB) wants, is perhaps taking things too far.
Chapel Hill, a town in North Carolina with a population of 58,000, doesn’t agree as it has the distinction of being the first place in the nation to outlaw talking on hands-free cell phones while driving.
According to a report from the Charlotte Observer, the issue was debated in the town council for two years and the first vote earlier this month ended in a draw, with four votes for and four against the proposal.
On Monday, the council met again. Ed Harrison, one of its members, who was absent the first time, voted in favor of banning all cell-phone activity when driving, resulting in the ordinance being approved.
Harrison explained to the newspaper that the odd behavior he encounters while cycling is often caused by drivers who talk on their cells: “It’s not by people who are eating things or combing their hair or putting on lipstick”, he said. “It’s by people who are talking on a cell phone and not seeing me.”
The fine for violating the ordinance, which applies to all town streets, including state-owned roads, is US$25. However, it does leave a loophole as it allows emergency calls and calls with a spouse, child or parent.
Additionally, it does not take into account the state attorney general Jess Mekeel’s 2011 reply to attorney Ralph Karpinos who asked if the town council had an authority over such an issue: Mekeel said that it did not.
Mekeel said the town couldn’t pass regulation in a matter where the state intends to provide “a complete and integrated regulatory scheme.” He added that the state of North Carolina already prohibits texting or e-mail reading while driving, as well as the use of cell phones by drivers under the age of 18.
“An ordinance by the Town of Chapel Hill regulating motorists’ use of cell phones is preempted by State law, and therefore, unenforceable”, he wrote. Chapel Hill Police Chief Chris Blue also said that it would be difficult to enforce since the loophole means that officers would have to search the drivers’ cell phones for their most recent calls.
