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Law bans hand-held cell phone use while driving in Erie: Using devices while driving to be outlawed in Erie
Dec 17, 2009 (Erie Times-News - McClatchy-Tribune Information Services via COMTEX) --
Drivers in Erie will soon have a choice: Hang up, or pay up.
A long-debated law banning any use of hand-held cell phones while driving within the city of Erie will take effect Jan. 5.
Drivers who violate the ban will be fined $150 to $300 for each offense.
"Today is a significant day in Erie's history when it comes to providing a law for the public safety of our citizens," Erie City Councilwoman Rubye Jenkins-Husband said shortly after council members unanimously approved the law Wednesday.
"Hopefully, people will understand (distracted driving) is a risk factor, that this is a safety issue, and they'll be more aware, keep their eyes totally on the road," she said.
Erie Mayor Joe Sinnott said he will sign the measure, and that enforcement will begin on Jan. 5.
"It's definitely a safety mechanism," Sinnott said. "People need to be attentive to driving.
"If you're using a cell phone, pull over. I don't see a negative to this when you look at it from a safety standpoint."
Erie follows several other cities, including Philadelphia, that have passed laws regulating the use of cell phones and other electronic devices while driving.
Under Erie's law, people will be prohibited from using a "mobile telephone or wireless device in any way, including for voice communication, messaging, e-mailing or Internet activity while operating a motor vehicle, bicycle or other vehicle on any street, road or highway within the city of Erie."
Exceptions include hands-free use, including dialing without the use of either hand; use of a mobile device to call 911 for emergency assistance or to report a traffic accident or unsafe driving by another motorist; and use of a mobile device while the vehicle is stationary and in a parking lane or space out of moving traffic lanes, and not in gear.
Penalties for violating the proposed ordinance will include a fine of $150 to $300.
Violations will be a "secondary offense," meaning a police officer will not pull over a driver for using a cell phone unless that driver also was committing another violation.
Erie Police Chief Steve Franklin has said in the past that a regional or statewide ban will be more effective and easier to enforce than a law that stops at the city limits.
On Wednesday, Franklin said he planned to meet with Sinnott sometime soon to discuss the need for signs that will alert motorists to the new law.
"I think that's a necessity," Franklin said. "That's only fair to the motorists, to let them know that we now have an ordinance in place, and enforcement will take place.
"The immediate concern is to get (signs) on some of the main routes" coming into and out of the city, Franklin said.
Meanwhile, legislation at the state level, including a House bill that would ban text messaging while driving, is still awaiting action.
State Rep. John Evans, of Sadsbury Township, R-5th Dist., has voiced concerns about the ability to enforce, and the legality of, local laws.
Evans said he believes that the local laws violate a uniformity clause in the Pennsylvania Vehicle Code.
Evans said Wednesday that he hopes Erie's law will push his colleagues to take action on a statewide ban.
"The upside is it could indicate to leaders in Harrisburg that there's a tremendous amount of public support for these initiatives," he said.
ERICA ERWIN can be reached at 870-1846 or by e-mail.
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