Council adopts ban on text messaging while driving

SANDPOINT — A proposal to restrict wireless communications by motorists within city limits has regained reception with the City Council.

The council decided on split votes during a special meeting last week to adopt an ordinance prohibiting motorists from text messaging when they’re behind the wheel. The prohibition would also apply to cyclists and skateboard riders.

If implemented, Sandpoint would be the first city in Idaho to adopt legislation restricting wireless communications for drivers.

The ordinance is a leaner version of legislation proposed by Councilwoman Helen Newton, who sought a requirement that motorists use hands-free devices while driving. It also had restrictions on text messaging.

But the council voted on Dec. 16 not to adopt any restrictions, after Police Chief Mark Lockwood said drivers distracted by handheld devices could be ticketed under the city’s inattentive driving statute.

Councilman John O’Hara, who originally voted against the ordinance, moved to have the council reconsider its decision.

“It occurred to me this wasn’t an all-or-nothing issue,” O’Hara said during Monday’s special meeting. “Typing a message or reading one is clearly incompatible with the safe operation of any moving vehicle.”

Under the amended ordinance, drivers with learner permits or those under driving instruction would be prohibited from using their phones even if they’re used in conjunction with a hands-free device. The same applies for school bus drivers unless the call involves official business.

O’Hara said his research has found that 21 states have enacted laws restricting mobile phone use for drivers. He said 19 states ban text messaging.

Idaho has no state laws aimed at curbing distracted driving because of wireless communications.

“While I believe the issue is better legislated at the state level, until such time our legislators believe it proper to do so, the people of the city of Sandpoint deserve our best attempt to help maintain safe roadways within our jurisdiction,” O’Hara said.

The measure found support with councilwomen Newton and Carrie Logan, in addition to Councilman Michael Boge

“This is really a step in the right direction,” said Boge.

Councilmen Stephen Snedden and John Reuter opposed the ordinance because of enforceability, a concern shared by Mayor Gretchen Hellar.

“Although I think that people who use cell phones when they drive are cavalier about their safety and other people’s safety, it’s unenforceable,” Hellar said after the meeting.

Hellar said she is contemplating vetoing the ordinance.

“We should have passed a resolution asking the state Legislature to take action on this. That would make sense to me. I’d support that 110 percent,” she said.