The Phoenix City Council has approved an ordinance prohibiting the use of text messaging while operating a motor vehicle.
This action comes after recent tragedies that have occurred in Arizona & other states involving drivers text messaging while driving a vehicle.
The ordinance took effect immediately, however there will be a 30-day warning period from Sept. 20th to Oct. 19th.
FACT SHEET
* The ordinance will prohibit the use of personal digital assistants to send or receive a written message while operating a motor vehicle.
* Personal digital assistants refer to a wireless electronic communication device that provides for data communication other than by voice.
* This ordinance does not apply to law enforcement & safety personnel; drivers of authorized emergency vehicles; holders of commercial driver licenses while driving within the scope of their employment; public transit personnel; a person who is reporting reckless or negligent behavior; a person who believes they are in physical danger & is the only adult in the motor vehicle; or those communicating with the following regarding an emergency situation:
- An emergency response operator
- A provider of ambulance services
- A provider of firefighter services
- A law enforcement agency
* Violation of the ordinance is a nonmoving civil traffic violation.
* If a person found in violation of the ordinance is not involved in a traffic accident, the person is subject to a civil penalty of $100, plus any other penalty assessments authorized by law.
* If a person found in violation of the ordinance is involved in a traffic accident, the person is subject to a civil penalty of $250, plus any other penalty assessments authorized by law.
* Peace officers are empowered to enforce the ordinance as a primary offense.
* A 30-day warning period (Sept. 20th to Oct. 19th) will begin once the ordinance is adopted to inform and educate drivers, however due to public safety implications & the risks associated with text messaging while driving, an emergency clause is requested to allow immediate enactment of the ordinance to initiate the warning period & enforcement.