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Staff Report on September 2, 2015
Kyle Council enacts hands-free ordinance

 

By Moses Leos III

First Wimberley, then Buda and now Kyle have joined the trend of cities opting to ban the use of mobile devices while driving.

By a 7-0 vote early Wednesday morning, the Kyle City Council approved an ordinance that restricts drivers and bicyclists from operating cell phones, tablets or electronic devices with their hands while operating their vehicles.

Kyle Police Chief Jeff Barnett said the goal is to not only encourage compliance, but to ensure the safety of motorists. 

“We want people to be aware of the dangers of distracted driving,” Barnett said. “We want them to know that it’s important to keep our fellow motorists and bicyclists safe.” 

The city council’s unanimous vote means the ordinance will go into effect immediately. Language within the ordinance, however, includes a grace period that ends on Nov. 1. According to Barnett, the grace period will allow the city to conduct an education campaign for the community. In addtion, Kyle Police will issue warnings to those who break the law until the grace period ends. 

“Our officers will enforce this new ordinance, along with multide other traffic offenses, in their routine patrols,” Barnett said. “We have no plans to have targeted enforcement efforts solely for this ordinance.” 

Within Kyle’s ordinance, drivers and bicyclists cannot engage in a call or send text messages. In addition, drivers cannot view photos, surf the Internet or other operations associated with a mobile device while operating a vehicle.

One exception is the use of a hand-free device, which includes a device with speakerphone capability, telephone attachment such as a Bluetooth headset, or any device that allows the use of a mobile device without the operator handling it. 

Other exceptions are if someone uses their phone while legally parked or driving on private property, or if the operator of a vehicle is an emergency official or law enforcement officer. Barnett said if someone must use a handheld device, the department encourages drivers to find a legal parking spot, conduct their business and move along. But he said the department doesn’t condone pulling over along the shoulder of an interstate or busy roadway. 

“Many of our accidents come from vehicles that are temporarily positioned on the side of our roadways,” Barnett said. “A lot of trailers and unattended vehicles are struck by other mototorists if they are left on the side of the interstate.” 

 As a result of the ordinance, Kyle Police Chief Jeff Barnett said drivers would be unable to use their device while stopped at traffic signals or stop signs, unless they utilize a hands free device.  

Other exceptions include reporting illegal activity to law enforcement officials, and communicating with emergency response operators in the event of an emergency situation. 

 Kyle becomes the third city in Hays County to enact hands-free legislation. Wimberley enacted similar legislation in March, followed by Buda, which passed a hands free ordinance in July. All three cities join Austin, which began to enforce the city’s hands-free ordinance in January. 

 

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