Use of Wireless Communication Devices While Driving

Scott McCollum- Chief of PoliceJuly 2016

• In 2014, 3,179 people were killed and 431,000 were injured in motor vehicle crashes involving distracted drivers according to DISTRACTION.GOV

• The many forms of distracted driving take attention away from the significant responsibility of operating a vehicle.– But because text messages require visual, manual and cognitive attention, it is by

far the most dangerous.• Virginia Tech Transportation Institute determined that a text message draws

the eyes from the roadway for more than 5 seconds. At highway speeds, in 5 seconds you will have driven 100 yards blindly.

• Distracted driving also slows your reactions time. It takes 20% longer to brake while texting than while focused upon driving alone. In a University of Utah study, it showed that texting teens have the reaction time of 70 year olds.

• One is 23 times more likely to be in a crash while texting.• Many experts believe texting and driving is more dangerous than driving

under the influence.• Education efforts of the dangers have not had the anticipated impact .

The Issue

• Reduce injury and property loss due to crashes caused by distracted driving

• Ultimately, save lives.

The Objective

• Currently, 46 states, D.C., Puerto Rico, Guam and the U.S. Virgin Islands ban text messaging for all drivers.

• All but 5 have primary enforcement (can stop and cite for that violation)

• Of the 4 states without an all driver texting ban, 2 prohibit text messaging by novice drivers, 1 restricts school bus drivers from texting.

• No state bans all cell phone use for all drivers, but 38 states and D.C. ban all cell phone use by novice drivers, and 20 states and D.C. prohibit it for school bus drivers.

DISTRACTION.GOV

A National Perspective

• An estimated 800,000 people are texting and driving at any given time, according to the National Highway Traffic Safety Administration. About 11% of all drivers

• About 20% of drivers admit to using a cell phone to surf the Internet while driving, according to an AT&T study.

• The problem is even worse among young drivers. 71% of teens admit to composing text messages while driving. Almost 80% of teens admit to reading text messages while driving.

A National Perspective

• Each year, more than 100,000 traffic crashes are attributed to distracted driving in 2014.

• In 2015, 38 percent of Texas drivers admitted to talking on their mobile phone while driving at least some of the time,

• They estimate one in five crashes involves driver distraction.• In 2015, 38 percent of Texas drivers admitted to talking on their

mobile phone while driving and more than 21.2 percent of drivers said they read or send text or emails, according to a survey conducted by the Texas A&M Transportation Institute

• One in five crashes involves distracted driving. Drivers who use cell phone in their vehicles have a higher risk of collision than drivers who don’t.

TxDOT

A State Perspective

A State PerspectiveCurrent State Laws• Drivers with learners permits are prohibited from using

handheld cell phones in the first six months of driving.• Drivers under the age of 18 are prohibited from using wireless

communications devices.• School bus operators are prohibited from using cell phones

while driving if children are present• In school zones, all drivers are prohibited from texting and

using handheld devices while driving.

A State Perspective• Texas is one of only four states without a law prohibiting all

drivers from texting while driving.• Efforts to pass a State law prohibiting texting and driving has

failed in the past three legislative sessions.• The primary reasons have been due to enforcement and

privacy concerns.• It is anticipated that future bills will be file and debated but the

outcome will be the same due to the make up of the Legislature.

The following 64 cities have ordinances prohibiting texting while driving:

– Alamo– Alice– Amarillo– Aransas Pass– Argyle– Arlington– Austin– Bedford– Bee Cave– Bellaire– Brownsville– Canyon– Conroe– Converse– Corpus Christi– Deer Park– Denton

– Edinburg– El Paso– Farmers Branch– Galveston– Grand Prairie– Harlingen– Helotes– Jacksonville– Kyle– Laguna Vista– Lake Dallas– Lakeway– Laredo– Little Elm– Magnolia– Maypearl– McAllen– Meadowlakes– Midland– Mission– Missouri City

– Mount Vernon– Nacogdoches– New Braunfels– Palmview– Pampa– Penitas– Richwood– Rowlett– San Angelo– San Marcos– San Antonio– San Juan– San Marcos– Schertz– Shoreacres– Sinton– Snyder– Stephenville– Sweetwater– Tomball– Universal City

– Wataugu– Westlake Hills– West University

Place– Wimberly

A State Perspective

A State Perspective• Fines range from $200 to $500• There are three types of cell phone ordinances:• Ban on all uses of wireless communications devices while

driving• Ban on texting while driving• Ban on texting and other manual uses of wireless

communication devices while driving.

A Local Perspective• Texas A&M Student Senate is supportive of an initiative to

restrict use of electronic communication devices. However they have expressed concern regarding biased student enforcement.

• Student Senate meeting on May 2nd • May 17th Transportation and Mobility Committee Meeting• The recent City survey has indicated a public desire to restrict

electronic communication use while driving.

Ordinance ConsiderationsDefinitions• Wireless Communication Devices as defined by

Transportation Code 545.425- a device that uses a commercial mobile service, as defined by 47 U.S.C. Section 332.– Would include wireless phones, tablets, iPads and laptops

• Use means employing, accessing or operating the Wireless Communication Device for any reason.

Ordinance Considerations

Violation• An operator of a motor vehicle or a bicycle may not

use a wireless communication device while operating a motor vehicle or bicycle on a public roadway or highway.

Ordinance ConsiderationsDefenses to Prosecution:– Complete Stop- Question here is whether we wish to

allow for use as stop sign, light or in congested traffic.– Hands-free device- If used in hands-free mode of

operation to engage in telephone communication or to listen to audio transmissions.

– Navigation- used for a global positioning or navigation device and is affixed to vehicle.

– Emergency Services- Used for obtaining emergency assistance.

– Authorized Emergency Personnel- Use while acting in official capacity.

Other Considerations– Police will not inspect nor seize personal cell phones in

furtherance of investigations absent consent– There is no culpable mental state required– Typically City ordinance violation can be up to but no

more than $500.– Current school zone fine for use of wireless

communication device is $270. This is comprised of $140 fine and State required court costs.

– Penalty is not a moving violation and may not be made a part of a person’s driving record.

Associated Costs

We estimate 30 ingress signs for the City of College StationCost of sign- $500 ($250 sign and $250 installation)Total Implementation Cost- $15,000

Potential Signage

Thank You – Questions and Direction?