ORDINANCE NO. 2008--     --

AN ORDINANCE BANNING THE USE OF MOBILE ELECTRONIC DEVICES WHILE DRIVING IN THE CITY OF URBANA, ILLINOIS

Draft 4, Charlie Smyth, 11/10/2007, based on City of Chicago Ordinance and University of Illinois Policy.

WHEREAS, cell phones have been found to be the leading form of driver distraction with 4,300 crashes per day caused by driving distractions according to the National Highway Transportation Safety Administration (NHTSA), and 80% of crashes and 65% of near-crashes involve some form of driver inattention within three seconds before the event; and

WHEREAS, research at the University of Illinois suggests that the use of cell phones, regardless of whether they are hand-held or hands-free, increases the number of accidents and dangerous actions that people take while driving; and research at the University of Utah concluded that talking on a cell phone while driving was as dangerous as driving drunk; and      
                                                                                                                                             
WHEREAS, as many as forty countries restrict or prohibit the use of cell phones while driving, and four states as well as the District of Columbia have laws against talking on hand-held cell phones while driving, and a number of other states have partial bans or are debating banning cell phone use while driving; and           

WHEREAS, currently in Illinois there is a ban on 16 and 17 year olds as well as bus drivers talking on a cell phone while driving, and the City of Chicago has a ban on any driver using a hand-held cell phone; and

WHEREAS, the PTA of Illinois has passed a resolution calling on governments to ban the use of cell phones while driving; and

WHEREAS, the University of Illinois and companies and agencies such as AT&T, ExxonMobil, BP and the USGS, prohibit drivers of state, company or federal vehicles from using cell phones and other electronic devices while driving, and many military bases around the country prohibit the use of cell phones while driving on base;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF URBANA, ILLINOIS, that Chapter 23, Local Traffic Code, be amended to include Article XXII titled Use of Mobile Electronic Devices, as follows:

Section 23-301: Prohibited use of mobile electronic devices.
Except as provided by subsection 302 of this section, no person shall drive a motor vehicle while using a hand-held, hands-free, or other mobile electronic device unless the vehicle is out of the traffic right-of-way and engaged in park or neutral and not moving. This includes, but is not limited to cellular phones, text messaging devices, paging devices, personal digital assistants and laptop computers, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator, or video entertainment to the passengers in the rear seats of such motor vehicle.

 Section 23-302: Exceptions.
The provisions of the ordinance shall not apply to:

(1)    Law enforcement officers and operators of emergency vehicles, when on duty and acting in their official capabilities when no other means of communication is available.

(2)    Persons using an aforementioned device to call 911 telephone numbers or other emergency telephone numbers to contact public safety forces.

Section 23-303: Reporting.
The Urbana Police Department is to indicate as part of normal accident reporting procedures and investigations, the use of electronic devices found to have been in use by any parties involved in motor vehicle accidents.

Section 23-304: Violations.
Any person who violates subsection 301 of this section shall be subject to a fine of $75, provided however, that if a violation occurs at the time of a traffic accident, the driver may be subject to an additional fine not to exceed $200.00. (as per Code of Ordinances and the schedule of fines)