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October 14, 2009

City Council tables texting ordinance

Kevin Kerr

DUNCAN — Duncan City Council decided to table their intentions to ban the use of wireless devices while driving a motor vehicle during Tuesday’s City Council Meeting.

It was recommended at the beginning of the meeting by City Manager Clyde Shaw that due to recent activity at the state level involving the very same issue, the Council decide to postpone any deliberating on the topic until the state legislature makes decisions regarding the use of cellphones while driving.

Despite the decision to table the issue, discussions still progressed on what provisions might be made if the City does decide to institute the ordinance.

Duncan Resident Leeland Stephens spoke to the council saying that he was strongly opposed to the ordinance. He said that if the city bans the use of cellphones, then there are many other things that should be banned as well.

Vice-Mayor Mayes agreed that the enforcement of the ordinance would be difficult.

“I believe the municipality would have a hard time enforcing this without state law in place,” Mayes said.

Floyd Wininger, another Duncan resident, said that he had read in studies that an estimated two percent of accidents were traced to cell phones and texting while driving, however since there are not specific records kept on the subject, it wasn’t able to be accurately pinned down.

“It’s just not a smart thing to do,” Wininger said. “But people are still going to do it no matter if you put signs up at the north end or south end of town.”

Wininger added that if the ordinance was put into effect, then the risk of more accidents would increase.

“Someone suddenly gets a call and they slam on the brakes and swerve off the road to take the phone call,” Wininger said. “This could cause lane-change accidents.”

He also said that the issue is more of a common sense issue than anything.

“You’re trying to legislate common sense,” Wininger said, calling the ordinance a “nanny law.”

Bill Scott, a representative for the Stephens County Storm Spotters and amateur radio association at large, spoke at the last City Council meeting in regards to an exemption for all amateur radio operators. He was glad that the city decided to table the issue, and offered several suggestions for language changes in the proposed ordinance, saying that it was lacking in a couple areas.

“The lawyers would have a hay day with that if you tried to enforce it,” Scott said.

He still is seeking an amateur radio exclusion from the ordinance citing Texas laws that exclude amateur radio operators from similar ordinances.

In the end though, the State reserved the right to move first in the area of using wireless devices while operating a motor vehicle, and the city tabled the discussion until state legislators have made a decision.

Several of the Council members wanted to make it known that they have nothing against cell phones, and that there are admittedly more distractions to drivers than just cell phones.

Mayor Gene Brown said that this topic has been an interesting one for them to propose.

“I’ve really enjoyed the comments from this,” Brown said.

He agreed that cell phones have become a major part of people’s lives now.

“Everybody has one,” Brown said. “When you’re five years old you get a cell phone now.”

But he agreed that driving while using a cell phone is not a safe thing to do.

“Something should have been done on the federal or state level, but the city’s got to look out for the citizens also,” Brown said. “But we definitely don’t want to put Duncan in an unfriendly position of people who are passing through.”

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