Texting ordinance revisions planned

by Cameron Rasmusson Staff Writer
| June 16, 2012 7:00 AM

SANDPOINT — Now that the state has a texting-while-driving ban of its own, city officials and staff members need to revise a similar ordinance passed last September.

After a several months of deliberations between the summer and fall of 2011, council members passed a city ordinance clamping down on distracted driving. Initially proposed as a prohibition on texting while driving, the ordinance later expanded to encompass all cell phone use, making the infraction easier to enforce.

However, the ordinance was also designed with a sunset clause to eliminate redundancy should a state law go into effect. Gov. Butch Otter signed just such a new law in April, making Idaho the 37th state to prohibit texting while driving. That means the City Council needs to bring the city into compliance with state specifications.

“I think (the texting portions) need to be edited and removed because they’re in conflict with the state,” Police Chief Mark Lockwood said.

The new state law goes into effect July 1. Those caught texting while driving will pay an $85 fee and can be pulled over for that offense alone. That’s a departure from the city ordinance, which required another violation like speeding to necessitate a traffic stop.

Another key difference between the state law and the city ordinance is the scope of the offenses. Under the state regulations, drivers are blocked from texting but can still use their phone for calls or other functionality. Concerned that officers could not easily distinguish between texting and other phone operations, city officials broadened the ordinance to include all hands-on cell phone use.

According to City Attorney Scot Campbell, residents will still need to mind their phone use while in the car. The new state law may replace the texting portions of the city ordinance, but the city’s regulations on other hands-on phone operation still stand.

“I think that the texting portion has been superseded by the state, but I also think the ordinance is still valid regarding cell phone use,” Campbell said.