Distracted Driving

Austin Texas City Ordinance

20140828-041
Section 12-1-34
USE OF PORTABLE
ELECTRONIC DEVICES WHILE
OPERATING A MOTOR VEHICLE
OR BICYCLE.
Violation Code: 01050
Cite Title:
Electronic Device Use While

Driving

Austin Texas City Ordinance 20140828-041

On August 28, 2014 the

Austin is committed to

Distracted driving is any

Austin City Council

refocusing drivers on

activity that could

unanimously approved

a new distracted driving

ordinance prohibiting
holding, touching or

the task of driving. The

divert a persons

city ordinance aims to

attention away from

increase safety by

the primary task of

using all handheld

decreasing distracted

portable electronic

driving in Austin.

devices while a motor

vehicle or bicycle is in
motion.

driving and all

distractions endanger
driver, passenger, and
bystander safety.

The new restrictions go into effect January 1, 2015 and specifically ban the operator of a motor vehicle or
bicycle, while in motion, from the following:

Manually making and disconnecting

phone calls.

Participating in a conversation while

holding or touching the phone.

Viewing and sending any electronic data,

including e-mail, text messages, pictures,
websites, social media and games.

Entering or changing information in a

navigation or GPS device, unless the
device is affixed to the vehicle.

What is allowed?
Drivers are only allowed to use portable
electronic devices in a hands-free fashion for
calls.

Specific Ordinance Prohibitions

An operator of a motor
vehicle may not use a
portable electronic
device while the
vehicle is in motion.
A person operating a
bicycle may not use a
portable electronic
device while the bicycle
is in motion.

Portable Electronic Device Definition

A hand-held mobile telephone, personal digital
assistant, MP3 or other hand-held music player,

electronic reading device, laptop computer, pager,

broadband personal communication device, global

positioning or navigation system, electronic game

device, or portable computing device.

USE Definition
Employing a portable electronic device for any reason including,
without limitation, the following activities while holding or touching
the device:

Dialing or deactivating a phone call;

Speaking in or listening to a conversation;

Viewing, taking, or transmitting electronic images;

Composing, sending, viewing, accessing, browsing, retrieving, or
saving email messages, text messages, or other electronic data;

USE continued

Entering or changing information in a global positioning or

navigation system or any software or application designed for
navigation, unless the device is affixed to the vehicle.

Accessing or viewing an internet website or computer application;

or

Playing a game.

Operating a Bicycle Definition

Astride a permanent seat
attached to the bicycle while
the bicycle is in motion.
astride
preposition: astride;
adverb: astride with a leg on
each side of;
"he was sitting astride the
bike"

Authorized Emergency Personnel Exemption

The ordinance does not apply to

authorized emergency personnel
using a portable electronic device
while acting in an official capacity.

Authorized Emergency Personnel

Definition
A person who is a law enforcement
officer, firefighter, member of a
governmental emergency medical
services function, or member of a
governmental emergency
management function.

Policy 305.2.1
MDC Use While Driving
Officers are guided by policy in regards to
MDC usage.
305.2.1 MDC USE WHILE DRIVING
Use of the MDC by the operator should be
limited to times when the vehicle is
stopped. When the vehicle is in motion,
the operator should only attempt to read
messages that are likely to contain
information that is required for immediate
enforcement, investigative, or safety
needs. Short transmissions, such as a
license plate check, are permitted if it
reasonably appears they can be done
safely.
**New policy regarding all portable
electronic devices to follow**

Two-way Communication Device for

Business
The ordinance does not apply to an
operator who is licensed by the
Federal Communications Commission
while operating a radio frequency
device other than a portable
electronic device or an operator using
a two-way radio communication
device in a commercial vehicle.

The ordinances intent is to allow

persons utilizing two-way radios in
the course of regular business (cabs,
busses, wreckers, beverage
distributors, etc.) to continue to do
so.

Transportation Code Conflicts

To the extent that the ordinance conflicts with the
Texas Transportation Code Section 545.424,
regarding the use of wireless communication

devices while operating a motor vehicle by minors,

or Texas Transportation Code Section 545.425,
regarding the use of wireless communication
devices in school crossing zones or while operating a

school bus, the ordinance does not apply.

I.E. Texas State Law supersedes this ordinance.

Affirmative Defenses to Prosecution

The motor vehicle or bicycle is at a complete stop;

The portable electronic device is used in a hands-free mode of operation and used
to engage in telephone communication or to listen to audio transmissions;
The portable electronic device is a global positioning or navigation device, or
global positioning or navigation software on a device, and the device is affixed to
the motor vehicle or bicycle;
Use of a portable electronic device is for obtaining emergency assistance to report
a crime, traffic accident, medical emergency, or serious traffic hazard, or to
prevent a crime about to be committed; or

Use of a portable electronic device is in the reasonable belief that a person's life or
safety is in immediate danger.

***It is the expectation of the Department that officers will not cite if
the operator was using the device in a manner covered by the
affirmative defenses to prosecution***

Citations
Officers issuing citations for this offense must
use cite title: Electronic Device Use While
Driving, violation code 01050.
The maximum possible fine for distracted
driving is $500, plus court costs.

Important Dates
This ordinance shall
take effect January 1,
2015.

Warnings
Warnings, Warning, Warning, Warning,
Warnings, Warning, Warning, Warning,
Warnings, Warning, Warning, Warning,

*Only warnings shall

be issued throughout
the month of January
2015.

Warnings, Warning, Warning, Warning,

Cite, Cite, Cite, Cite, Cite, Cite, Cite..

*Citations may begin

on February 1, 2015.

Cite, Cite, Cite, Cite, Cite, Cite, Cite..

Cite, Cite, Cite, Cite, Cite, Cite, Cite..