Cities trying to ban the use of cell phones while driving were dealt a setback when a Bucks County, Pa., judge ruled Hilltown Township’s ordinance restricting cell-phone use while operating a motor vehicle was in conflict with the state’s existing motor-vehicle codes.
Judge David Heckler’s ruling came during a case against Daniel Young, 42, of Fleetwood, Pa., who was pulled over in Hilltown Township for speeding. The officer, in accordance with the town’s ordinance, also issued Young a $75 ticket for talking on a cell phone while driving his car.
Young appealed the ticket, claiming he was not aware he was in Hilltown at the time and did not know of its cell-phone ban when driving.
“You need uniform motor-vehicle laws throughout the commonwealth,” said Philip Berg, Young’s lawyer, to the Philadelphia Inquirer. “We’re a transient society, driving from community to community. You can’t have these types of ordinances which people are not aware of.”
In response to the judge’s decision, Kenneth Bennington, chairman of the Hilltown board of supervisors, noted that even though the town’s ordinance was overruled, the board was proud it raised awareness concerning the dangers of using a cell phone while driving.
“The board is very disappointed with the judge’s decision,” Bennington said. “But we understand where the decision came from in that the town’s ordinance was not in line with the state motor-vehicle codes. We will just have to go back to enforcing the current state laws against reckless driving.”
Marlboro Township, N.J., which passed its own ordinance last week on the use of cell phones while driving, knows the Pennsylvania ruling could put its newly enacted ordinance in jeopardy.
“I am concerned,” said Barry Denkensohn, Marlboro Township council vice president and sponsor of the proposed ordinance. “The state does say that municipalities can only pass speed limits and the states are in charge of making motor vehicle laws. We are having some of our lawyers look into the state laws and see what we can do to work within them.”
Denkensohn noted that Marlboro Township’s ordinance allows police officers to pull over anyone using a cell phone as a primary offense, and issue fines as high as $250.
“Even if there is a conflict down the road, we are raising public awareness and hopefully the state legislature will enact laws to protect the people of the state from the dangers of distracted drivers,” Denkensohn added.
One town not concerned by the potential conflict between city and state laws is Brooklyn, Ohio, the first town to pass a ban on using a cell phone while driving, as well as the first town to pass mandatory seat-belt laws in 1966.
Brooklyn police officer Rich Hovan, an ardent supporter of Brooklyn’s ordinance, said his city does not have plans to change the ban, noting that of the more than 200 citations he has written for violations of the ban, none were ever challenged in court.
“We are not trying to hurt anybody,” Hovan said. “We are just trying to make our roads safer.”
Hovan noted that Brooklyn’s ordinance allows a ticket to be issued for using a cell phone while driving only as a second offense, and that the fine for a first-time offender is only $3, with no points attached to the person’s driving record.
“I tell people if they cannot afford the ticket, I will pay it for them,” Hovan added. “It costs the city of Brooklyn more money in paperwork than we get back in fines, but this is just as important as anything I have ever done in my 26-year career.”
Cellular Telecommunications Industry Association spokeswoman Lisa Ihde said the industry understands the cities’ concerns about reckless driving, but thinks they need to work on a state level for uniform laws.
“We already have the legislation in place on the state level allowing cities to enforce reckless driving laws that cover anyone driving dangerously,” said Ihde. “What we want to do is work with the legislatures on educating drivers on the correct use of cell phones while driving.”
State and local laws concerning the use of cell phones while driving may well be superseded by the national government. The National Highway Traffic Safety Administration is looking into digital distractions while driving and has scheduled a public meeting on the matter this week.
