Drivers will be barred from all cell phone conversations, including those conducted via hands-free and voice-activated accessories. The law takes effect June 1 and the fine is $25.

The town provided “some real leadership” on the distracted driving issue, the head of the National Transportation Safety Board said in response.

The Chapel Hill law isn’t as groundbreaking as it may appear, however.

The new law presents two significant loopholes for those who can’t go without driving and talking: Enforcement is secondary, meaning police will need another reason to stop and cite violators. And the ordinance has an unusual provision allow cell phone calls to immediate family members.

“This isn’t really banning talking on cell phones, it’s banning talking on a cell phone if you’ve done something noticeably bad with your vehicle,” council member Ed Harrison pointed out before the 5-4 vote taken March 26.

Another council member, Donna Bell, said the ordinance did not go far enough, calling it “a first step … a conversation that needs to be continued.” The town police chief recommended the secondary-enforcement limits.

Evanston, Ill., is considering a total ban on cell phone use while driving with primary enforcement. The Chicago suburb’s plan, if approved by the City Council in April, would be the nation’s most restrictive distracted driving law.

Still, NTSB chairwoman Deborah Hersman hailed the decision during a meeting in Washington. “It demonstrates some real leadership. If we don’t do something, it’s going to be too late.” The NTSB issued a controversial call for total cell phone bans late last year.

On March 12, the Chapel Hill council deadlocked on what the mayor called the “driving while yakking ordinance.” The council member with the deciding vote was absent at the time.

There are concerns that the ordinance could run afoul of state laws, and the town earlier received an opinion from the state attorney general’s office that its move would be improper. Local distracted driving laws increasingly are facing court challenges.

Chapel Hill’s move no doubt will be noted in Detroit. Council member Laurin Easthom noted that the ordinance covers high-tech dashboards that offer hands-free and voice-activated cell phone calling. (Easthom voted against the law.) Exemptions for the new-breed of wireless, Internet-connected dashboards are becoming common in states’ distracted driving legislation.

Both Bell and Harrison said they would have preferred action by North Carolina lawmakers. “I’m sorry to say we have a decade or so before the state takes this up in any meaningful way,” Harrison said.

Bell said she hoped the Chapel Hill move would inspire state lawmakers: “If they take on the example of little Chapel Hill I would be perfectly happy with that.”

North Carolina already bans all cell phone use by teen drivers and school bus drivers. (The teen law also permits conversations with parents.) Texting also is prohibited while driving.

Chapel Hill has a large student population due to the presence of the University of North Carolina. The town ordinance cites “the large numbers of pedestrians walking and running and the large numbers of cyclists riding along and across the public streets.”

Harrison, a cycling hobbyist, said in his experience the roadway dangers came not from drivers putting on makeup or eating, but from those using cell phones.

Meet a lawmaker in Pennsylvania who is mad as hell about texting and is not going to take it anymore.

The president of the township commission in Lower Chichester, Rocco Gaspari Jr., had this to say Monday after the body voted to ban text messaging for all drivers, effective immediately:

“Text messaging now supersedes drugs and alcohol for causing the most accidents in the United States. Something needs to be done and I won’t wait for someone in Harrisburg to get off their butt to tell everyone across the commonwealth that text messaging is dangerous. If anybody wants to debate this we can go out on the lawn, have a coffee or soda and have a discussion. Our police department will enforce this and if anybody doesn’t like it, don’t tell us that it can’t be enforced.”

Gaspari continued like so, according to the Delaware County Daily Times:

“Our job is to protect the health, safety and welfare of our residents. Nobody can tell us what we can and can’t do in our town. Nobody!”

Harrisburg, of course, not only wants to tell Gaspari’s Commission what to do, but also the mayor of Philadelphia. The legislature has threatened Mayor Mike Nutter and his city with millions in lost highway funding if it does not abandon its cell phone and driving law, adopted in late April.

Lower Chichester already regulates the use of handheld cell phones.

Mayor Mufi Hannemann signed Bill 4 into law on May 7. Prohibited devices include handheld cell phones, text messaging devices, PDAs, laptop computers and video game machines.

In February, the Honolulu mayor vetoed an earlier plan to ban text messaging while driving after police complained they had no way of telling what a driver was doing while holding a cell phone. Honolulu’s police have resisted all previous efforts to control drivers’ use of wireless devices, citing enforcement concerns. The department also has lobbied against State of Hawaii cell phone legislation.

The mayor, pictured, noted that the new law was “carefully crafted.”

Police spokesman Thomas Nitta said of the new plan: “As long as you are operating a motor vehicle and you are holding an electronic device that will be a violation.”

Honolulu police have posted an FAQ page related to the ban on use of mobile electronic devices while operating a motor vehicle.

City Council members Rod Tam and Donovan Dela Cruz introduced the new Honolulu ordinance.

Honolulu joins a long list of U.S. cities and counties that have written their own laws regarding use of cell phones and texting devices while driving. The local laws usually come in response to a perceived lack of action at the state level. Some states ban local motor vehicle laws. Pennsylvania, for instance, has threatened Philadelphia with a loss of road and highway funding after the city enacted its own cell phone and text messaging ban for operators of vehicles.

In Hawaii, all state-level attempts to prohibit the use of handheld cell phones while driving have failed. A new crop is under consideration for the 2009 legislative session.

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The city of about 30,000 decided to put to voters the issue of whether to ban handheld cell phone use by motorists. On Tuesday, 56 percent voted no, killing the plan.

“Fifty six percent of people aren’t against a ban, they are just against a local ban,” the legislation’s sponsor, Robert McOmber said.

But there’s more. Turns out the ballot didn’t actually state what a vote either way would accomplish.

Here’s the ballot text: “An ordinance proposing to create and adopt Section 73.13 of the codified ordinances of the City of Bowling Green, Ohio, relating to use of mobile telephones while driving.”

The presiding judge of precinct 101 told BG News: “I think (for the cell phone ban) the wording of the issue was very confusing for people,” she said. “It only says the word mobile phone once, and doesn’t say whether the number of the issue will pass it or not.”

Perhaps the state should handle the Ohio cell phone debate.

Prior to the get-tough moves in Albany, counties in New York state had been quite active in setting up regional laws outlawing texting while driving. (See background below.)

(View New York state texting and driving legislation.)

Distracted driving news (New York local):
Suffolk County Police wrote 1,109 tickets for handheld cell phone use and texting between July 31 and Aug. 6, 2011. “While this weeklong (distracted driving) initiative has come to a conclusion, our officers will continue to aggressively enforce cell phone laws,” Police Commissioner Richard Dormer said.

Syracuse’s federally funded crackdown on distracted drivers ended April 16, 2011, with about 1,550 tickets written in the fourth, concluding sweep. Overall, Syracuse-area police issued 9,587 citations for electronic distracted driving during the 2010-2011 sweeps.

The federal DOT said the Syracuse crackdown resulted in a one-third reduction in drivers’ handheld cell phone use and text messaging. The $300,000 program began in April 2010 and ended in April 2011.

Syracuse’s revenues from the distracted driving tickets issued in the four 2010-2011 sweeps totaled more than $400,000 as of August 2011, the Post-Standard reports. The majority of the funds came in surcharges attached to the tickets, which numbered 9,352. Money is still being collected as outstanding cases are settled.

Local N.Y. texting laws and legislation (background):
Erie County (Buffalo area) has enacted a local distracted driving law that treats text messaging as a primary traffic offense, meaning law officers can pull over violators for that reason alone. The fine for texting in Erie County is $150. County executive Chris Collins signed off on the law in November 2009.

“New York State’s law doesn’t have any teeth,” said legislation sponsor Erie County Legislator Timothy Kennedy, D-Buffalo. “By putting forth this law here today, we are making texting while driving illegal here in Erie County, and New York State should follow suit.”

The Erie County bill’s other sponsor, Timothy Wroblewski, D-West Seneca, says: “Frankly, the (text messaging) legislation pending in Albany … does not go far enough.”

Montgomery County is considering a texting ordinance.

The Traffic Safety Board in Otsego County is developing a plan to ban text messaging by all drivers.

Local N.Y. texting while driving laws:
Albany County has banned text messaging for all motorists. Fines are $150.

Broome County, New York, has outlawed text messaging while driving. The unanimous county Legislature vote came on May 21, 2009, and the bill was signed into law June 26. Legislator Jason Garnar proposed the ban, which calls for fines of up to $150.

The Niagara County Legislature has banned text messaging while behind the wheel. Fines are $150 under the law, which went into effect in early October. “It’s unfortunate that the governor signed that law,” said Legislator Jason Murgia, D-Niagara Falls, referring to the New York ban that calls for only secondary enforcement.

Cattaraugus County’s law against text messaging while driving went into effect Aug. 1, 2009.

The town of Amherst has approved a ban on test messaging while driving. The Aug. 17 vote by the Town Board calls for a $150 fine for texting behind the wheel. Sponsor Shelly Schratz noted that the local law would be helpful in driver education and would lead to prominent road signs warning against texting.

Onondaga County (Syracuse) legislators have banned text messaging for all drivers. The new texting law took effect July 1, 2009.

Onondaga County legislator Patrick Kilmartin’s texting law was modeled after others adopted by New York state counties. The Onondaga County sheriff’s department and district attorney supported Kilmartin’s plan. The Syracuse Police Department opposed the texting legislation. Capt. Shannon Trice, head of the police traffic division, said he would not tell officers to carry out the law. (Update: As of mid-October, deputies had not issued a single ticket. “It’s a new law. It’s going to be a difficult law to enforce,” a spokesman said.)

Dutchess County (Poughkeepsie) has approved a text messaging ban proposed by Legislator William McCabe, D-Union Vale. Fines would top out at $150. OK’d by the Public Safety Committee in a 9-1 vote on June 4 and then by the county Legislature in a 22-3 vote on June 8. The reluctant county executive confirmed July 10 that he would not veto the legislation, fearing that such a move would signal that it’s OK to text and drive.

Cayuga County has prohibited any “process by which users send or receive messages on wireless handsets.” Fines would top out at $150. The Cayuga County texting ban was approved July 28, 2009.

Tioga County has adopted a ban on text messaging while driving a motor vehicle. The County Legislature voted 8-1 for the plan on July 14. The lone holdout called it “a stupid law.” Fines would be as much as $150. The Tioga County ban on texting while driving goes into effect in late fall.

Ulster County has enacted a ban on text messaging and emailing while driving. “The statistics are clear,” Ulster County Executive Michael Hein said as he signed the legislation. “These actions put innocent people’s lives at risk, and this law will protect the people of Ulster County.”

Greene County has prohibited reading, writing and sending of text messages while driving. The approval came June 17 in a unanimous vote. Greene County legislators gave tentative approval to the plan to outlaw text messaging while driving on May 18, 2009. Violators will be subject to fines up to $150.

Schuyler County banned text messaging while driving on Feb. 12, 2009. The law went into effect March 16. “We have limited man power and cell phone use and texting becomes a difficult enforcement issue,” said Schuyler County Administrator Tim O’Hearn. The sheriff has said he’ll enforce the new law.

The Ontario County Board of Supervisors approved a text messaging ban for all drivers on April 23, 2009. In June 2007, five teenage girls in East Bloomfield died in a crash blamed on texting.

Schenectady County has banned text messaging while driving. The ordinance, approved Dec. 10, brings a $150 fine for violators. It went into effect March 1, 2009.

Monroe County’s ban on text messaging while driving goes into effect July 1. Violators face a $150 fine. New York State’s lack of action on the issue inspired the ordinance.

The Westchester County Board passed a text-messaging ban for drivers in September 2008. “We have an obligation to legislate on this issue,” said County Legislator Vito Pinto. The county-wide ban on text messaging eliminates the need for separate municipal actions, the board said.

Nassau and Suffolk counties have local laws. Enforcement of the Nassau texting and driving law began in late December 2008.

Suffolk’s cell phone ban took effect in September 2008. The county voted again to ban texting while driving, but concerns were immediately raised about enforcement.

Oneida County’s ban on text messaging was approved March 11, 2009, and will go into effect in late May. The vote was 28-0. Drivers texting in Oneida County will face fines of up to $150.

Rockland county banned text messaging while driving in a late 2008 vote..

City, county legislation notes:

Upstate New York is particularly sensitive to the dangers of text messaging while driving. In June 2007, five teenage girls from Monroe County died when their SUV veered into oncoming traffic and hit a big rig. The driver’s cell phone was used to make a call, and to send and receive text messages moments just before the crash, officials said. The accident occurred in the Finger Lakes region of Ontario County, just days after the girls graduated from high school.

Legislator Ed Welsh, R-Utica, revived the Oneida County anti-texting plan after it was killed in committee. Welsh is general manager of Central Region AAA New York. “Among the distractions that we could list, text messaging is about the worst of them all,” he said.

An earlier Onedia County plan to ban text messaging died in late November 2008 as a key committee split on the measure. Sponsor Edward P. Welsh, R-21, Utica, did not attend the hearing.

On the same day that Philadelphia’s mayor signed the law, the cell-phoning woman caused a city bus to plow into several parked cars and a transport support beam, police say.

Sixteen people, including a young child, were injured. The driver ran a red light while gabbing on her cell phone, police reported.

Mayor Mike Nutter told the Daily News it was “a perfect example why we needed the law that I signed. When you’re distracted holding a cell phone and texting, it’s an example of when bad things happen.”

The incident should provide ironic ammo for the city’s battle with state legislators over the ban. The Pennsylvania House on Monday approved an amendment that would prevent the city from receiving $90 million in road and highway funding if it went ahead with the ban. Instead of dropping the hot potato, the mayor held a media event to promote the Philadelphia cell phone law, which goes into full effect on Nov. 1.

“We’re doing what we think is in our best interest,” the mayor said Thursday.

The mayor did so under threats from state legislators. The Pennsylvania House on Monday approved an amendment that would prevent the state’s largest city from receiving $90 million in gas-tax and highway-repair funding if it went ahead with the ban. There is no state ban on handheld cell phones for all drivers.

“We are doing what we think is in our best interest,” he said Thursday while signing the cell phone legislation at a media set-up. ” If your hands aren’t on the wheel, you impair your ability to operate a vehicle.”

The mayor’s office has called the state DOT policy against individual city driving laws “highly ambiguous.”

On the same day Philadelphia enacted its cell phone law, a local driver who was talking on her phone allegedly caused a city bus to plow into parked cars and an above-ground subway pillar. Sixteen people, include a toddler, were injured, police reported.

The Philadephia prohibitions on handheld cell phones extend to bicyclists, motorcyclists, skaters and skateboarders. Fines for using handheld phones or text messaging begin at $150 ($75 if paid in 10 days) and top out at $300. Violations will not be considered moving offenses, meaning no points or insurance problems.

Background:
Pennsylvania House leans on Philly
Philadelphia Banishes Handheld Cell Phones

The mayor promises to quickly sign the legislation, which includes a ban on text messaging while behind the wheel. (Update: Mayor Mike Nutter signed the legislation April 30, ignoring threats from state lawmakers.)

“Dialing a phone number or sending a text message while driving will no longer be tolerated in the City of Philadelphia and I predict lives will be saved as a result,” said Councilman Frank Rizzo Jr.

The Philadephia prohibitions on handheld cell phones extend to bicyclists, motorcyclists, skaters and skateboarders. Fines for using handheld phones or text messaging begin at $150 ($75 if paid in 10 days) and top out at $300. Violations will not be considered moving offenses, meaning no points or insurance problems.

“People on their phones are drunk on technology,” said the legislation’s sponsor, Councilman Bill Green.

Both bans come in reaction to a perceived lack of action at the state level. Cleveland’s City Council also called on Ohio’s lawmakers to adopt a similar ban on driving and texting.

The lead legislator on the Albany plan, Christopher Higgins, called texting while driving “an epidemic in this country.”

The Cleveland ban takes effect 90 days after the (supportive) mayor signs the legislation. Fines range from $150-$500. The Albany County ban begins Aug. 1 and carries a $150 fine.

The Saratogan newspaper had this to say about Albany’s new texting law: “No one can defend the practice of sending a text message while driving. But making a law with a $150 price tag if convicted will do more to add to the municipalities’ coffers than it will to make the roadways safer.”

(Post updated for correction; original post from March 27, 2009)

In one New York county, a local legislator said simply: “The state is not acting fast enough.”

New York’s swarm of local traffic legislation against text messaging and use of handheld phones usually is credited to a similar lack of urgency in Albany.

A Philadelphia ban on use of handheld cell phones while driving is near enactment. A police official said he hopes it will “send a strong message to Harrisburg that the time has come.”

In Ontario County, N.Y., a ban on text messaging while driving is about to come to a final vote. The county was the site of a texting-related crash that killed five teenagers.

Cleveland continues to consider outlawing texting while driving. “I think the overall premise of using a cell phone while driving in your hand has to be eliminated throughout the state of Ohio,” sponsor Councilman Zachary Reed says.

In Schuyler County, N.Y., a ban on texting by motorists went into effect March 16.

In recent months:

In Wisconsin, The city of Kenosha has banned text messaging and driving. The fine is up to $500. Waupaca County has banned handheld cell phone use by drivers and text messaging.

In South Florida, Miami-Dade commissioners banned motorists from use of texting devices and cell phones while in school zones.

In Monroe County, Ind., text messaging while driving has been banned. The ordinance, which calls for a $25 fine, also prohibits motorists’ use of the Internet.

In Oneida County, New York, the Board of Legislators is considering a county-wide ban on text messaging while driving. “The state is not acting fast enough,” said Legislator Ed Welsh, R-Utica.

In Schenectady County, New York, local legislators banned text messaging while driving. The ordinance, approved in an 11-2 vote on Dec. 10, brings a $150 fine for violators.

In Gallup, N.M., the city council voted Dec. 11 to punish distracted driving resulting from text messaging, cell phones, applying make-up, etc.

On the cell phone front, Atlas Township, Michigan, is considering banning cell phone use by drivers on a specific highway, M-15. Several Detroit-area communities have acted to keep drivers from using cell phones.