Arizona to place restrictions on cell phone use while driving

After over a decade of waiting, Arizona will become one of the last US states to place general restrictions on handheld cell phone use. Yesterday the Arizona legislature passed HB2318 and Governor Ducey is expected to sign the bill which would require electronic gadgety to be operated hands-free only; with certain exceptions. Credit must be given to the victims and families of victims who have pursued these laws year-after-year; as well as to former state Senator Steve Farley, as well as Brendan Lyons, a victim and also founder of Look Save a Life , and anti-distraction advocacy organization.

Brendan Lyons (center) looks on as Gov. Ducey signs

The offense will be primary, and enforcement can commence immediately once signed (emergency status), there will be with a lengthy warning period until the beginning of 2021.

The death of Officer Townsend, killed at a traffic stop by a driver who said he was texting, earlier this year appears to be the straw that finally broke the camel’s back. [UPDATE June 2021 — although this remains true; all charges against that driver were dropped; follow the same link for explanation] The fact that as many as twenty seven localities in Arizona had one-by-one painstakingly instituted various ban beginning 12 years ago should cause Arizona legislators great shame in their failure to act sooner; allowing the problem to worsen, particularly after large upticks in fatal traffic crashes after 2012.

An additional bill that also narrowly passed the house yesterday, SB1141, which is a more general anti-distracted driving law. This bill, however, must go back to the Senate; so it’s fate is unclear.

After 11 attempts, will Arizona ban texting while driving?

(spring 2018)
After 11 attempts, will Arizona ban texting while driving?

A bill to outlaw texting while driving passed the Senate Transportation Committee unanimously yesterday, signaling a possible shift. Similar bills have been introduced in the Arizona legislature, and died, for over a decade. Several possible explanatinos for the shift were explored by Arizona Republic  columnist Roberts: Is Arizona ready (finally) to ban texting while driving?

This is front-page news the morning after the unanimous committee vote, 2/7/2018:

Just before casting his vote, committee Chairman Rep. Bob Worsley, R-Mesa apologized to the public for taking so long to move the bill forward. “Sometimes it just seems like our political ideology gets in the way of common sense,” he said. — AZ Republic 2/7/2018

Here’s another news story from azcapitoltimes.com


 

Follow SB1261 texting while driving; prohibition on azleg.gov

Please see this article for general information about how to follow the legislative process.

 

List of Cell Phone related driving restrictions

THIS LIST IS DRAMATICALLY OUT OF DATE; as of April 18, 2019 there are said to be twenty seven local laws(!) on the subject. On that date, the Arizona legislature finally passed a general purpose “handheld ban”.


Although the state of Arizona has no specific restrictions on operating a cell phone while driving, several cities and counties have enacted various restrictions on use of cell phones on drivers:

 

City or County Year Type of restriction more info
Phoenix 2007 Text Ban more info
Tucson 2012 Text Ban more info
Coconino 2014 Text and Talk (handheld) ban more info
Flagstaff 2014 Text Ban more info
Tempe 2015 drivers may not “hold” any mobile electronic device “if such driving constitutes a risk to that person or others”. more info
Pima 2016 Text and Talk (handheld) ban more info
Oro Valley 2017 Text and Talk (handheld) ban more info
Clifton 2017 Text and Talk (handheld) ban more info
Yavapai 2018 handheld ban news item ,
Ord 2018-2
Surprise 2018 handheld ban news item
Glendale 2019 handheld ban. news item
. . . .

 

(google docs table)

School bus drivers

School bus drivers in Arizona are prohibited altogether from using cell phones and related device when operating the bus, via an Arizona Administrative Code:

AAC R13-13-104(D)(28) Except as provided in subsection (D)(27), a school bus driver shall not use audio headsets, earphones, earplugs, Bluetooth devices, cellular phones, personal digital assistants, or other interactive wireless devices, whether or not hands-free, when the school bus is in operation.

Interstate Truck and Bus Drivers

Additionally, The US Department of Transportation issued a final rule in 2011 banning the use of hand-held cell phones by interstate truck and bus drivers while the vehicles are in operation.

Statewide Legislation, 53rd 1st Regular Session

The following bills have been introduced in the Spring 2017 (53rd 1st Regular) Session, courtesy of Look! Save a Life / Arizona:

***Sponsored Bills Prohibiting Texting/Driving & Protecting Vulnerable Road Users***

Sponsor: Senator Karen Fann
SB 1080 – teenage drivers; communication devices prohibited
https://apps.azleg.gov/BillStatus/BillOverview/68707…
Bans cell phone use while driving for novice drivers in the first six months of their license. This is the only bill on the topic being pushed by AAA.
Easily passed Senate. Being held as of mid-April in House by Rules committee chairman Lovas, see comment below for update.

I’m concerned that this is worse than nothing. In effect, it says to new teen drivers (and everyone else!) that once they turn 16-1/2, driving while texting is A-OK. I can just imagine snapchat-while-driving parties to celebrate a 16-1/2 birthday, much like what happens with drinking on a 21st birthday. In this form, I would have to be opposed. Can only work in tandem with a statewide ban like 1087 or 1135 in place simultaneously.


Sponsor: Senator John Kavanagh

SB 1049 – text messaging while driving; prohibition
https://apps.azleg.gov/BillStatus/BillOverview/68522…
A statewide texting ban, but does not ban reading facebook, snapchat, texts, emails, or anything else on your smartphone while driving. Also does not ban inputting visual messages. Would not have stopped Officer Huffman from being killed. Reading is as dangerous as writing in studies. This needs to be amended to ban reading as well.


Sponsor: Senator Steve Farley
SB 1135- Handheld communications devices; driving; prohibition
https://apps.azleg.gov/BillStatus/BillOverview/68884…
Statewide hands-free only law, like the law recently enacted in Oro Valley, AZ; current law in 18 states.

Sponsor: Senator Steve Farley
SB 1086 – Sentencing; aggravating factor; texting
https://apps.azleg.gov/BillStatus/BillOverview/68719…
Just like if you use a gun in the commission of a crime, you get more jail time, this allows judges to add jail time for the use of a cellphone while driving in the injury or death caused by a vehicle crash.

Sponsor: Senator Steve Farley
SB 1087 – Wireless communication device; driving; prohibition
https://apps.azleg.gov/BillStatus/BillOverview/68720…
Statewide ban on the use of a handheld device to read or write a written or visual message while driving.

Sponsor: Senator Steve Farley
SB 1088 – Vehicles; collisions; injury; texting; penalty
https://apps.azleg.gov/BillStatus/BillOverview/68721…
Allows judges to suspend a driver license if the driver has killed or injured someone while using a cellphone and driving.

Sponsor: Senator Steve Farley
SB 1085 – Vulnerable users of public ways
https://apps.azleg.gov/BillStatus/BillOverview/68718…
Protects bicyclists, pedestrians, construction workers, first responders, and disabled people who are adjacent to or using a roadway from vehicular assault in a number of ways; establishes that throwing objects at vulnerable users or forcing them off the road are crimes.
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Here is the link to both the House (60 Members) and the Senate (30 Members). It lists each elected officials email prefix and then add “@azleg.gov” but it shows everyone in each Chamber for the 2017 Legislative Session.

New list for the Senate:
http://www.azleg.gov/MemberRoster/?body=S
New list for the House:
http://www.azleg.gov/MemberRoster/?body=H

How to find your district:
http://azredistricting.org/districtlocator/

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Pima County Enacts Texting Ban

Pima county follows action by the cities of Phoenix, and Tucson (see this article for more about Tucson), and Flagstaff as well as Coconino County, with various bans on electronic communications while driving. The state legislature has repeatedly failed to act regarding limits on use of electronic devices while driving.

Sheriff Chris Nanos worked diligently with the Pima County Government Board of Supervisors to construct a new ordinance that prohibits texting and driving in Pima County. On May 17, 2016, the ordinance was approved. It became effective on June 16th, 2016.

According to this ordinance (10.34.020): A person may not, while driving a motor vehicle on a highway, manually manipulate a handheld electronic device for any purpose other than to initiate, receive, or engage in voice communication. It is a civil traffic offense to violate this ordinance. — see more

Click here for ordinance 10.34.020

 


Here is a text copy of the full ordinance:

ORDINANCE NO. 2016- 31

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, RELATING TO THE USE OF HANDHELD ELECTRONIC DEVICES WHILE OPERATING A MOTOR VEHICLE. (All Districts)

The Board of Supervisors of Pima County, Arizona, finds that:

1. The Pima County Board of Supervisors has the authority under Arizona Revised Statutes (“A.R.S.”) § 11-251(4) to lay out, maintain, control, and manage public roads, ferries, and bridges within the County; under A.R.S. § 11-251(17) to adopt provisions necessary to preserve the health of the County; and under A.R.S. § 11- 251 (31) to make and enforce all local, police, sanitary, and other regulations not in conflict with the general laws.

2. The Pima County Board of Supervisors has authority under A.R.S. § 28-626(8) and A.R.S. § 11-251.05 to adopt, by ordinance, additional traffic regulations on Pima County highways that are not in conflict with A.R.S. Title 28, Chapters 3, 4, or 5.

3. The use of handheld electronic devices while operating motor vehicles has increased in recent years and causes distracted driving, which has been shown to increase the risk of motor-vehicle crashes.

4. The Arizona Legislature, to date, has not enacted legislation directly regulating the use of handheld electronic devices while operating a motor vehicle.

5. Regulation of the use of handheld electronic while operating a motor vehicle will protect the public health and safety by promoting and encouraging safe driving on Pima County highways.

BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA:

Section 1. Title 10 of the Pima County Code is amended to add new chapter 10.34 to read as follows:

Chapter 10.34 USE OF HANDHELD ELECTRONIC DEVICES WHILE OPERATING A MOTOR VEHICLE

10.34.010 Purpose and intent.

The purpose and intent of this ordinance is to promote public safety in Pima County by restricting the use of hand held electronic devices while operating a motor vehicle on Pima County highways.

10.34.020 Prohibited conduct.

A person may not, while driving a motor vehicle on a highway, manually manipulate a handheld electronic device for any purpose other than to initiate, receive, or engage in voice communication. For purposes of this section, “drive” and “motor vehicle” have the same meaning as those terms are given in Arizona Revised Statutes Title 28, Chapter 1.

10.34.030 Exemptions.

Section 10.34.020 does not apply to any of the following: 1. Use of handheld electronic devices by authorized law enforcement or emergency personnel in the performance of official duties. 2. A person driving a school bus or transit vehicle that is subject to Arizona or United States Department of Transportation regulations. 3. Use of a hand held electronic device on property that is not open to vehicular travel by the general public. 4. Use of a handheld electronic device while a motor vehicle is stationary.

10.34.040 Classification and penalty.

A. A violation of Section 10.34.020 is civil traffic violation. B. A peace officer may stop and issue a citation to a person operating a motor vehicle on a highway if the peace officer has reasonable cause to believe that a violation of Section 10.34.020 has occurred. C. A person who violates Section 10.34.020 and is not involved in a motor vehicle crash is subject to a civil penalty of one hundred dollars ($100.00), plus any other penalty assessments authorized by law. D. A person who violates Section 10.34.020 and is involved in a motor vehicle accident is subject to a civil penalty of two hundred fifty dollars ($250.00), plus any other penalty assessments authorized by law.

10.34.050 Severability.

If any provision of this chapter, or the application of any provision of this chapter, is invalid, that invalidity shall not affect other provisions or applications of this chapter. The provisions of this chapter are severable.

Section 2. The various County officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance.

Section 3. This ordinance is effective 30 days after the date of adoption. PASSED AND ADOPTED by the Board of Supervisors, Pima County, Arizona, this 17th day of May , 2016. ~