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  (Source: hijinksed.com)
A lawsuit against the town concerning the ban has put a wrench in the operation

A ban on cell phone use while driving in Chapel Hill, North Carolina has been temporarily halted due to a lawsuit against the town.

The ban completely outlaws the use of mobile phones or hands-free Bluetooth devices while driving in the town of Chapel Hill. Those that violate the ordinance receive a $25 fine. There are a few exceptions, however, including emergency phone calls, and calls to parents, children or a spouse.

Back in March, the Chapel Hill Town Council passed the ban in a 5-4 vote.

The ban was supposed to take effect June 1, but a Superior Court judge placed a temporary restraining order on it due to a lawsuit that challenges the latest measure.

The lawsuit was filed by George's Towing and Recovery. The company is challenging the ban's attempt to control where and when vehicles can be towed as well as how much truck operators can charge.

"It attempts to regulate a trade or business, but it applies only to limited counties and cities, and that makes it a local bill," said Thomas Stark, an attorney for George's Towing and Recovery. "The ordinance they passed requires (my client) to call in before he leaves the lot before the tow and to always answer the phone if anybody calls him. So, he's driving down the road, and a guy comes out and finds his car towed, makes a call -- (my client) has to answer that call."

The cell phone ban is the first of its kind by a town within North Carolina. According to WRAL, the state Attorney General's Office said that Chapel Hill did not have the authority to pass the ban.

"An ordinance by the Town of Chapel Hill regulating motorists' use of cell phones is preempted by State law, and therefore, unenforceable," said North Carolina state assistant attorney general Jess Mekeel.

Source: WRAL


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Cell phone use while driving
By NeXXes56 on 5/3/2012 11:06:31 AM , Rating: 1
I don't understand why they had to pass a special law.... it's alreagy illegal everywhere under the reckless driving laws. Most state laws say that 100% of the drivers attention is to be on driving, not doing other tasks in the car. Not talking to any passengers, putting makup on, shaving or reading the paper, etc....
Come on people put the phone down!!!!!




RE: Cell phone use while driving
By Reclaimer77 on 5/3/2012 11:27:33 AM , Rating: 3
Because someone somewhere got into a wreck where a cellphone was involved, so some idiots think the Government and laws are the answer to everything, so some other idiots drafted another fascist arbitrary ban on something regardless of the costs, collateral issues, or even if it's enforceable or not.

This law, and all like it, should go down in flames.


RE: Cell phone use while driving
By EasyC on 5/3/2012 12:15:08 PM , Rating: 4
Wrong. This is just to make money. Period.

If the government really cared about safety and such, then police wouldn't get away with breaking all the laws put in place for "safety". Last time I checked they didn't offer any special training on driving while on the cell phone, yet I still see police do it all the time....

It's all about the money.


By Obujuwami on 5/3/2012 12:52:35 PM , Rating: 3
In California, emergency personnel, which includes the police, are allowed to be on the phone in case of an emergency and the radio system goes dead. Do I approve of it, NO! I think they should have to have their phone records checked to verify when they were on the road and if the call was an emergency or just a wife/gf (or both) on the phone asking them to get something on the way home or killing time cuz they don't want to do their job.

Honestly, police work is hard, has too much paperwork, and should be a bit more focused on detouring crime, not generating money for the state/county.


RE: Cell phone use while driving
By Gondor on 5/3/2012 1:18:14 PM , Rating: 1
At $25 a pop they wouldn't be making that much. Why not make it $250 if they were really just into money ?


RE: Cell phone use while driving
By EasyC on 5/3/2012 1:22:27 PM , Rating: 2
It's starting at 25$. I would honestly be shocked to see it stay there once they see how many tickets they are plugging through the system.

This creates another reason for a cop to just pull you over. I'm sure the insurance companies are salivating too. Oh, you're on the cell phone constantly, well, now you're considered higher risk, so we'll just go ahead and adjust your premium too.


RE: Cell phone use while driving
By CZroe on 5/4/2012 4:31:18 PM , Rating: 2
You clearly don't understand: The thing that makes it the first of its kind is that it bans ALL calls, with or without a hands-free device. That is NOT "alreagy illegal everywhere under the reckless driving laws."


Exceptions?
By sigmatau on 5/3/2012 1:45:15 PM , Rating: 2
I can kind of see it being allowed when in a real emergency, but what about that other crap? You can talk to your family on the phone and that is ok? WTF? Can you also drive drunk if you only have family members in your car? This seems like the weirdest exceptions.




RE: Exceptions?
By Lord 666 on 5/3/2012 7:20:30 PM , Rating: 2
What about significant others, boyfriends, and girlfriends?

Is that provision in there because southerners are all related and have a family wreath... Even if it is chapel hill?


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