Avon Lake Will Consider a Ban on Texting While Driving

A ban on texting while driving will be the topic at a joint meeting of council's Public Service and Safety committees  on Wednesday, March 23 at City Hall.

The issue was brought forth by the Safety Committee and will need to be recommended to council, and approved, to become law.

Chief Dave Owad, who is expected to address the issue at the  meeting, does not offer universal support for the concept. Motorists can't be expected to know the driving laws in every community they encounter, he said.

“I do think passing legislation that is unique to one community as opposed to what other cities are doing might confuse the motoring public,” Owad said. 

Owad thinks eventually the Ohio legislature will pass a law outlawing the practice.

“It’s more than likely there will be a statewide ban,” he said.

Last month, Ohio Rep. Nancy Garland (D-New Albany) introduced House Bill 99, which would create a statewide ban on texting. Violators could be fined up to $150. The bill says in part, “No person shall drive a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using an electronic wireless communications device to write, send, or read a text-based communication.”  (See entire text of bill here.)

Several Ohio cities, including Columbus and Dublin, already have such bans in place.

Thirty states, and Washington, D.C. ban text messaging for all drivers, with 11 of those states enacting laws in 2010, according to the Governor’s Highway Safety Association. Eight other states prohibit novice drivers from texting.

Under current law, a driver in Avon Lake could  be charged with using a cell phone under the city’s “full-time attention” law, Owad said. 

The law states, “No person shall operate a motor vehicle or motorcycle without giving his or her full time and attention to the operation of such vehicle.”

Maine, New Hampshire and Utah use “full-time attention” laws. Those three states have laws that treat cell phone use and texting as part of a larger “distracted driving” issue.

Laws banning texting are not unique to the Cleveland area. In 2009, Cleveland made texting while driving illegal. The first result can result in a $100 fine with increases for later violations.

 In 2000, Brooklyn was the first U.S. city to ban cell phone use while driving, with the exception of hands-free calls. The ban included texting and holding up a cell phone to one's ear. 

The effectiveness of banning cell phone use while driving has been questioned. The results of a study by the Highway Loss Data Institute indicated that states that ban cell phone use while driving had little to no impact on the number of crashes. No reason was provided as to why the numbers did not decrease.

Wednesday’s meeting will be held in the engineering conference room (downstairs) starting at 6:15 p.m.