(APRIL 2014)

COCONINO COUNTY – In April of this year Coconino County passed an ordinance regulating the use of portable communications devices while driving. Included are all manner of devices such as PDAs, laptops, pagers and other electronic communications devices. That ordinance was amended by the passage of Ordinance No. 2014-09 (PDF).

Although installed and handheld two-way radio devices are not included in the definitions, they are covered in the exemptions to the ordinance. A technical reading of the ordinance would make the use of family radio service (FRS) devices illegal as they do not require a license for use.

The only devices allowed to be used are hands-free mobile phones and GPS units programmed prior to driving. Texting while driving is completely banned.

The ordinance reads:

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 hands-free listening and talking, and is used exclusively in that manner while driving. Texting and typing while operating a motor vehicle are banned.

Exemptions include:

• When the driver uses a hands-free mobile device.
• When 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.
• When operating an authorized law enforcement or emergency vehicle in the performance of official duties.
• When a driver holds a valid amateur radio operator license issued or any license issued by the Federal Communications Commission or the driver uses a two-way radio, including radios used in the Citizens Band (CB) service.
• When a person is driving a school bus or transit vehicle that is subject to Arizona Revised Statutes or United State Department of Transportation regulations.
• When a person is driving a motor vehicle on private property.
• When 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.

Texting while driving has been a known problem for years. Cell phone companies and State departments of transportation have produced ads warning of the dangers.

The fine for the offense is $100 increasing to $250 if you are involved in an accident. Not to mention that the offenders insurance rate may increase. It may, however, extend to a higher cost. A teen in Massachusetts was convicted of vehicular homicide in 2012. He was convicted to the maximum penalty of 2-1/2 years.

(JUNE 6, 2012)

Teens being distracted by other teens while driving may be as much of a problem. An attempt by Arizona to address this situation was defeated a few years ago. The State of Arizona has no current statewide ban on texting or the use of cell phones while driving.

According to the June 4 Williams News, the Williams Police Department has chosen not to enforce the ban because of the difficulty in enforcement.