Phoenix City Council Passes Driving While Text Messaging Ordinance

• 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 and 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 and 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. 20 to Oct. 19) will begin once the ordinance is adopted to inform and educate drivers, however due to public safety implications and 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 and enforcement.