Cell phone ban passes first reading

The Columbia Falls City Council at their July 16 meeting unanimously approved an ordinance banning the use by drivers of handheld electronic devices, including cell phones.

City manager Susan Nicosia explained that the language is similar to ordinances found in Whitefish, Great Falls, Anaconda and other Montana cities but not Missoula, where the ban only applies to texting.

A civil rather than criminal penalty will be assessed for violators, which will not show up on a driver’s record. First offense can be a $100 fine, and the maximum can be $300, same as in Whitefish, Nicosia said.

She also noted that the risk of using cell phones and smartphones while driving is comparable to driving while drunk.

“I can’t imagine trying to update a Facebook post while driving,” she said.

According to the Montana Highway Patrol’s 2011 annual report, cell phones or electronic communication devices were considered “contributing circumstances” for five fatalities and 254 accidents that year.

Rep. Jerry O’Neil, R-Columbia Falls, a former officer in the Montana Libertarian Party, questioned the proposed ordinance during the public hearing.

“We’ve all heard the horror stories about this,” he said. “But perhaps we need to study it more.”

O’Neil asked why the number of accidents are down if so many drivers are using cell phones now. He also cited discussion during a 2006 Montana Senate Highway Committee that found no difference in accident risk between use of hands-on or hands-off devices.

“What about a GPS unit with a map on a screen? Is that covered?” he asked.

O’Neil also described a woman who initially had difficulties using a cell phone while driving but eventually got used to it and became a better driver.

“Maybe this is something we need to teach our kids,” he said.

Mayor Don Barnhart had a different take on the issue.

“People have not gotten that smarter so they can handle cell phones while driving,” he said. “In fact, people are worse drivers now than 20 years ago.”

He suggested people buy a hands-off device or simply pull over. He also noted that even if the compliance rate turns out to be 60 percent, “that’s so many less inattentive drivers.”

Councilor Mike Shepard summed up the council’s position.

“If the state won’t do this, then the cities will,” he said.