By Susan Dickson
Staff Writer
CHAPEL HILL – Furthering its consideration of a ban on cell phone use while driving, the Chapel Hill Town Council on Monday voted 7-2 to schedule possible action for March 12.
Council members Matt Czajkowski and Gene Pease cast the dissenting votes, expressing concerns about preemption and the enforceability of such an ordinance.
The ordinance, which was drafted by Town Attorney Ralph Karpinos, would prohibit the use of cell phones or any additional technology, like cameras or music players, while operating a car. The ordinance proposes a $25 fine for violation.
Under the ordinance as drafted, a driver could not be cited for violating the ordinance unless an officer had cause to stop the driver for a violation of another law. For example, a driver could not be stopped simply for using a cell phone while driving, but a driver who ran a stop sign while using a cell phone could be cited for both the traffic violation and using a phone while driving.
The ordinance would not apply to drivers using a phone to communicate with emergency officials in an emergency situation or to drivers communicating with their parents, children, legal guardians or spouses.
Karpinos said he included the exceptions in the proposed ordinance because he felt they would give it a better chance of being upheld if challenged. At issue is whether the ordinance could be preempted by state law, Karpinos said, adding that he felt he could make a reasonable argument against preemption.
Karen Turner, an Asheville resident whose brother was killed in an accident involving a driver who was texting, traveled to Chapel Hill to express her support for the ordinance.
“We wish that no other family would have to endure such a tragic loss,†she said. “My brother was a good man. … He deserved better. It was an accident that shouldn’t have happened. It was an accident that happened because of a text message that could’ve waited and should’ve waited.â€
“Attention needs to be on the road, not a telephone call or text message,†she continued.
Several council members said that while the issue is really a state or national concern, Chapel Hill should take the lead.
“We’ll just see what rules the day over time, and I think it will be determined to be the right thing to do for the state of North Carolina, eventually,†council member Jim Ward said, adding that he would support increasing the fine for violating the ordinance to $100.
Council member Lee Storrow said he didn’t understand the exceptions for drivers phoning family members.
“I don’t think it becomes any less dangerous if someone is talking to their children or talking to their parent,†he said.
Czajkowski said that while he agreed that cell phone use by drivers is dangerous, he didn’t believe Chapel Hill had the authority to enact such a ban, citing an advisory letter from an assistant state attorney general indicating this. He also questioned the enforceability of the ordinance.
“Someone can only be cited for using a cell phone if they are stopped for already breaking the law … which means that someone could literally be on their cell phone waving hello to a policeman who could do nothing about it unless they were violating some other element of the law.â€
Last June, Krista Slough, a UNC student who was seriously injured in a car accident last year, and Joe Capowski, a resident who witnessed the accident, petitioned the council to consider the ban. Capowski alleged that the driver of the car that hit Slough was talking on her cell phone at the time of the accident.
Texting while driving and the use of cell phones by drivers under 18 are both already illegal in North Carolina.