distracted driving handbook

8/10/2019 Distracted Driving Handbook

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Distracted Driving

Austin Texas City Ordinance20140828-041

Section 12-1-34

USE OF PORTABLE

ELECTRONIC DEVICES WHILE

OPERATING A MOTOR VEHICLE

OR BICYCLE.

Violation Code: 01050

Cite Title:

Electronic Device Use While

Driving


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Austin Texas City Ordinance 20140828-041

On August 28, 2014 the

Austin City Council

unanimously approved

a new distracted driving

ordinance prohibiting

holding, touching or

using all handheld

portable electronic

devices while a motor

vehicleorbicycle is in

motion.

Austin is committed to

refocusing drivers on

the task of driving. The

city ordinance aims to

increase safetyby

decreasing distracted

driving in Austin.

Distracted driving is any

activity that could

divert a persons

attention away from

the primary task of

driving and all

distractions endanger

driver, passenger, and

bystander safety.


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The new restrictions go into effect January 1, 2015 and specifically ban the operator of a motor vehicle or

bicycle, while in motion, from the following:

Manually making and disconnectingphone calls.

Participating in a conversation while

holding or touching the phone.

Viewing and sending any electronic data,

including e-mail, text messages, pictures,

websites, social media and games.

Entering or changing information in anavigation or GPS device, unless the

device is affixed to the vehicle.


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What is allowed?

Drivers are only allowed to use portableelectronic devices in a hands-free fashion for

calls.


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Specific Ordinance Prohibitions

An operator of a motorvehicle may not use aportable electronicdevice while thevehicle is in motion.

A person operatinga

bicycle may not use aportable electronicdevice while the bicycleis in motion.


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Portable Electronic Device Definition

A hand-held mobile telephone, personal digital

assistant, MP3 or other hand-held music player,

electronic reading device, laptop computer, pager,

broadband personal communication device, global

positioning or navigation system, electronic game

device, or portable computing device.


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USE Definition

Employinga portable electronic device for any reason including,

without limitation, the following activities while holding or touching

the device:

Dialing or deactivating a phone call;

Speaking in or listening to a conversation;

Viewing, taking, or transmitting electronic images;

Composing, sending, viewing, accessing, browsing, retrieving, orsaving email messages, text messages, or other electronic data;


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USEcontinued

Entering or changing information in a global positioning ornavigation system or any software or application designed fornavigation, unless the device is affixed to the vehicle.

Accessing or viewing an internet website or computer application;or

Playing a game.


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Operating a Bicycle Definition

Astride a permanent seatattached to the bicycle whilethe bicycle is in motion.

astridepreposition: astride;

adverb: astridewith a leg oneach side of;

"he was sitting astridethebike"


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Authorized Emergency Personnel Exemption

The ordinance does not apply toauthorized emergency personnelusing a portable electronic devicewhileactingin an official capacity.

Authorized Emergency PersonnelDefinition

A person who is a law enforcementofficer, firefighter, member of agovernmental emergency medicalservices function, or member of a

governmental emergencymanagement function.


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Policy 305.2.1

MDC Use While Driving

Officers are guided by policy in regards toMDC usage.

305.2.1 MDC USE WHILE DRIVING

Use of the MDC by the operator should be

limited to times when the vehicle is

stopped. When the vehicle is in motion,

the operator should only attempt to read

messages that are likely to contain

information that is required for immediate

enforcement, investigative, or safetyneeds. Short transmissions, such as a

license plate check, are permitted if it

reasonably appears they can be done

safely.

**New policy regarding all portable

electronic devices to follow**


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Two-way Communication Device for

Business

The ordinance does not apply to anoperator who is licensed by theFederal Communications Commissionwhile operating a radio frequencydevice other than a portable

electronic device or an operator usinga two-way radio communicationdevice in a commercial vehicle.

The ordinances intent is to allowpersons utilizing two-way radios in

the course of regular business (cabs,busses, wreckers, beveragedistributors, etc.) to continue to doso.


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Transportation Code Conflicts

To the extent that the ordinance conflicts with the

Texas Transportation Code Section 545.424,

regarding the use of wireless communication

devices while operating a motor vehicle by minors,

or Texas Transportation Code Section 545.425,

regarding the use of wireless communication

devices in school crossing zones or while operating a

school bus, the ordinance does not apply.

I.E. Texas State Law supersedes this ordinance.


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Affirmative Defenses to Prosecution

The motor vehicle or bicycle is at a complete stop;

The portable electronic device is used in a hands-free mode of operation and usedto engage in telephone communication or to listen to audio transmissions;

The portable electronic device is a global positioning or navigation device, orglobal positioning or navigation software on a device, and the device is affixed tothe motor vehicle or bicycle;

Use of a portable electronic device is for obtaining emergency assistance to reporta crime, traffic accident, medical emergency, or serious traffic hazard, or toprevent a crime about to be committed; or

Use of a portable electronic device is in the reasonable belief that a person's life orsafety is in immediate danger.

***It is the expectation of the Department that officers will not cite ifthe operator was using the device in a manner covered by the

affirmative defenses to prosecution***


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Citations

Officers issuing citations for this offense must

use cite title: Electronic Device Use While

Driving,violation code 01050.

The maximum possible fine for distracted

driving is $500, plus court costs.


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Important Dates

This ordinance shalltake effect January 1,2015.

*Only warningsshallbe issued throughoutthe month of January2015.

*Citations may beginon February 1, 2015.

Warnings

Warnings, Warning, Warning, Warning,




Cite, Cite, Cite, Cite, Cite, Cite, Cite..



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