County Board of Supervisors Approves Ordinance Regulating Use of Devices While Driving

text-msgFLAGSTAFF — Culminating multiple years of research and several months of deliberations, the Coconino County Board of Supervisors approved an ordinance that aims to curb distracted driving within the County.

On Tuesday, the Board unanimously passed County Ordinance 2014-03: Regulation of Portable Communication Devices and Texting While Operating a Motor Vehicle. During the meeting, members of the public who addressed the Board spoke favorably of the ordinance and urged its passage to increase public safety.

“Our board feels strongly that this is a public health and safety issue that needs to be addressed. Countless studies have shown that distracted drivers are far more likely to be involved in a crash than those who are focused on what’s going on around them,” said Board Chairman Matt Ryan. “On behalf of the Board of Supervisors, I thank the Public Health District Advisory Board, our public health staff and Sheriff’s Office for helping address this critical issue.”

For years, County officials postponed passing its own ordinance, hoping that Arizona lawmakers would enact a statewide law placing restrictions on the use of cellphones and other devices while driving, Supervisor Ryan said.

While many bills have been introduced in the Arizona Legislature in that time, none have become law. Arizona is one of three states without any form of regulation on the use of cellphones and other devices while driving.

“It was important for the safety of our residents that we implement these safety measures in our area,” Supervisor Ryan said. “However, we still urge our lawmakers to consider a similar measure at the state level.”

The ordinance passed Tuesday goes into effect in 30 days on May 22. The ordinance states that “a person shall not drive a motor vehicle while using a portable communications device to engage in a call unless that device is configured to allow hand-free listening and talking, and is used exclusively in that manner while driving. Texting and typing are banned while operating a motor vehicle.”

The ordinance does not apply when:
• The driver uses a hands-free mobile device.
• The purpose of the call is to communicate an emergency to a police or fire department, a hospital or physician’s office, or an ambulance corps.
• Operating an authorized law enforcement or emergency vehicle in the performance of official duties.
• A person who holds a valid amateur radio operator license issued or any license issued by the Federal Communications Commission and is operating an amateur radio under the direction of authorized first responders in the event of an emergency.
• A person is driving a motor vehicle on private property.
• A driver has pulled off of the traveled portion of the roadway in a safe and legal location and placed the vehicle in park in order to operate a handheld portable communications device.

For the purpose of informing and educating the public and motorists, the ordinance allows for law enforcement officers to issue verbal warnings to persons found violating the ordinance for six months after being adopted. Law enforcement officers have discretion on whether or not to issue a citation.

“By taking action, the Board of Supervisors has sent a strong message that the County values public health and safety,” said Marie Peoples, County Public Health Services District chief health officer. “This ordinance provides an opportunity for a culture change of awareness that will help protect our communities from the dangers associated with distracted driving.”

SEE ALSO: Federal Communications Commission