The city of Erie has passed an ordinance against drivers operating a vehicle while using a cell phone. The first thing you need to know about the ordinance is that it is a “secondary offense”. You cannot be pulled over and ticketed just because you are talking on your cell phone. You must have committed another traffic offense, i.e. speeding, turn signal violation, improper lane change, to be ticketed under this ordinance. The city ordinance bans drivers from using a "mobile telephone or wireless device in any way, including for voice communication, messaging, e-mailing or Internet activity while operating a motor vehicle, bicycle or other vehicle on any street, road or highway within the city of Erie." Drivers who violate the ban will be fined $150 to $300 for each offense. Exceptions include hands-free use, including dialing without the use of either hand; use of a mobile device to call 911 for emergency assistance or to report a traffic accident or unsafe driving by another motorist; and use of a mobile device while the vehicle is stationary and in a parking lane or space out of moving traffic lanes, and not in gear.
So what does all this mean? If you are a strong advocate of bans on cell phone use while driving, this ordinance does not do that. The ordinance makes the offense a secondary offense so realistically this is not a cell phone driving ban. More realistically, it is an effort by City Counsel to do something while waiting for the state legislature to act on a statewide law. There are multiple versions of cell phone bans being considered in Harrisburg. In the meantime, cities throughout the state are passing similar ordinances for the same reason. As a driver what are you to do and how are you to know where you can and can’t use a cell phone while driving. Until statewide action is taken by the state legislature, what is considered illegal in Erie may be legal in Meadville or Pittsburgh. You as a driver will either have to educate yourself on the cities you drive in or just use a Bluetooth or other hands free device if you feel you must talk on the phone while driving.
Many states throughout the country have not yet enacted any legislation to deal with what has been called distracted driving. No state totally bans cell phone use, hands free cell phone use is allowed in all states. Pennsylvania is not alone in not yet dealing with this issue on a state wide basis, Ohio and New Mexico have municipalities passing local ordinances dealing with the issue, but no state wide bans. In the states that do have cell phone restrictions, some states have total texting and cell phone bans, others limit cell phone use by teens and some just restrict the use by school bus operators. For a fairly comprehensive look at this issue on a state by state basis go to http://handsfreeinfo.com.
It’s inevitable that there will be cell phone bans throughout the country in the very near future. Having represented a client whose daughter was killed by a truck driver who was on a cell phone at the time of the accident, we have seen firsthand the effects of distracted driving. The need for a ban is obvious; certainly no one can argue that texting and driving is safe and with the use of hands free devices cell phone talking can be achieved with fairly little inconvenience. So the days of seeing drivers with a cell phone in their hand and driving will soon be a thing of the past.
If you have been injured in an auto accident where the driver of the vehicle is talking on a call phone please feel free to give us a call or contact us through the contact us section of our web page.
