By FRANK LEWIS
PDT Staff Writer
People driving in Portsmouth might soon be unable to legally text while driving. Portsmouth City Council has asked Portsmouth City Solicitor Mike Jones to prepare an ordinance outlawing the practice.
“I do know it’s a problem for us. If you have ever gotten stuck behind, or have been driving behind somebody texting, it drives me bananas,” First Ward Councilman Kevin Johnson said. “It’s dangerous. Everyone knows it’s dangerous. This legislation is directly from the (Ohio) House legislation. I reviewed it, went online, looked at the reviews from AAA, from MADD (Mothers Against Drunk Driving), everyone, with some exceptions, supports this.”
The preamble to the “no texting while driving ordinance” reads, “No person shall drive a motor vehicle, trackless trolley, or bus, truck or other conveyance on any street, highway or property open to the public for vehicular traffic while using an electronic wireless communications device to write, send or read a text-based communication.”
Johnson said the ordinance does not address phone calls, and it exempts police agencies. It also exempts the use of a GPS system.
“I’ll just be real honest that when there are so many other traffic violations, and whether it’s through manpower or resources being diverted in other directions, we have all these other ordinances that aren’t fully enforced, having another ordinance is not in our best interest,” Third Ward Councilman Nick Basham said.
Johnson countered, “I know it’s much like legislation coming up with our Health Department, that we have the responsibility to set certain parameters that are acceptable when our state won’t do it.”
Acting Portsmouth Police Chief Robert Ware was asked if the law would be enforceable. He responded by asking if it would fall under primary or secondary offense status. He was told it was primary, meaning the driver could be pulled over just for texting, and not necessarily for another offense. He told Council it is enforceable.
Second Ward Councilman Rich Saddler said that while he knows it might be difficult to enforce, it could be if someone causes an accident while texting.
“Then, when the police officer is there investigating the accident, then that could be tacked on to the charge,” Saddler said.
Frank Lewis may be reached at 740-353-3101, ext. 232, or at flewis@heartlandpublications.com.
"With the passage of H.B. 99, Ohio has joined other states in banning receiving or transmitting text messages while driving. The bill prohibits a person from driving a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using an electronic wireless communications device to write, send, or read a text-based communication. R.C. 4511.204(A)
The bill defines ʺelectronic wireless communications deviceʺ to include a wireless telephone, text‐messaging device, personal digital assistant, computer, or any other substantially similar wireless device that is designed or used to communicate text. R.C. 4511.204(D)(1) ʺWrite, send, or read a text‐based communicationʺ means to manually write or send, or read a text‐based communication using an electronic wireless communications device, including manually writing or sending, or reading communications referred to as text messages, instant messages, or electronic mail.
Under the bill, whoever violates the prohibition discussed above is guilty of a
minor misdemeanor. The penalty for a minor misdemeanor is a fine of not more than $150."
http://www.daytondui.com/blog/2011/06/28/texting-while-driving-is-illegal-in-ohio/
2. Now this is not unlike the Health Department coming up with more ordinances and regulations when they can't handle the workloads they have now, sufficiently, at all. We don't think they get enforcement.
3. Is the Police force up to full staffing? They were down about a half a dozen and now they want to give them more workload in the streets taking away the ability to handle the more important items, like drugs, crimes, etc.
4. Councilman Johnson says, "We don't know if it's a problem for us?" Johnson don't have his traffic control problem on NB 23 lane stripping.
5. Councilman Basham claims that the existing "aren't fully enforced." What's he know?
6. In previous articles. Ware was the Chief not the acting chief?
7. Then Councilman Saddler II, an ODOT full-time gainfully employed professional employee, advocates tacking on a charge after the fact to do what? Will they get their Miranda Rights?
More of the Keystone Kops in SE Ohio Scioto County
When is the city government going to start discussing creating industry and jobs inside the city limits ?
They have discussed new city buildings, income tax increases, water rate increases, sanatation rate increases, red lights, now texting. Why no interest in the most important thing facing our city, no manufacturing or industry ?
Did you just get here. They do not want economic growth and development, new businesses and industry, then, in their minds, small minds, they would have to share the pie, dole, all the State and Federal Funds, like the USDA's.
They skim that off the top, cream not scum like at the WWTP, then they tax the incomes, and property and the Chosen, ordained, get the tax abatement's, etc. Catch up ttwy..............Even Steve Hayes' CAVE people don't get it and they been around since "the beginning of time."