Wednesday, May 12, 2010

Cell phones

I sent this to the Mayor and Council Members last night:

"Dear Mayor and Council Members,
Before your meeting on 22 February 2010, I asked each of you whether you personally use a cell phone when driving in Chapel Hill. Only two of you said that you do not (RICH and one because he does not own a cell phone (HARRISON)), two or three others (including GREENE and BELL) said you did use a cell phone while driving and the rest remained silent. (I hope that the others (5, including the Mayor) will share your personal practices with us voters. By silence, I can only assume that you use your cell phone while driving, a reckless and dangerous judgment call on your part.)
Although your staff is too busy to write minutes of your meetings (I was just informed) – I reviewed the relevant portion of the meeting’s video.
Several things strike me. One, there was no sense of urgency whatsoever – apparent from the lethargic discussion and as voiced directly by PEASE – although two Council Members (EASTHOM and WARD) seemed to be urging effective use of the weeks following your meeting on this issue – especially in meeting with the highway safety research center and with UNC Police. Second, and most troubling, I was struck by comments from several Council Members that they would obey any law – [that was really encouraging!] – but that it would take such a law in order for them to do the unquestionably right thing without a law – and stop using their cell phones when driving a vehicle anywhere.
Although I have not seen a report from the Joint Legislative Transportation Oversight Committee that was due 15 April (according to statements made during your 22 February meeting), what I just found, however, is the presentation made to that Committee on 29 April. It leaves little room for discussion or dispute as to the virtue of not using an electronic device while driving a motor vehicle. I commend the presentation to you.
It is not clear from the minutes of the meeting on 29 April what next steps that Committee intends to take. I see no justification of any kind for delay on the part of the Town Council because of anything that might or might not happen at the state level, especially with respect to the first three points I advance below.
I am forced to conclude at this time - by your inaction - that you are condoning the widespread use of cell phones by people in Chapel Hill while they are driving vehicles.
I believe that there should be a ban on the use of any electronic device by any driver while driving a motor vehicle anywhere. Regulatory creativity can take care of any exceptions needed for fire and police, but it’s hard to imagine any other exceptions.
You can consider this a petition, a request or a demand – as you like – but I think the Council should immediately act on three fronts and schedule rapid action on a fourth. Here they are:
1) Each Council Member should state publicly that he or she will refrain from all use of electronic devices while driving a motor vehicle. Period.

2) The Council should immediately adopt a prohibition on the use of any electronic device by the driver of any vehicle on the roads of Chapel Hill that is either owned by the Town or being used in any way for Town business, including contractor vehicles.

3) The Council should adopt a resolution clearly stating that it is the policy of the Town of Chapel Hill that no one should use any electronic device while driving any vehicle in Chapel Hill; Chapel Hill Police should be asked by the Council to inquire with each traffic stop whether the driver had been using a cell phone while driving that vehicle, regardless of the potential infraction (and that data should be collected and published monthly); this action should be widely and repeatedly publicized.
The fourth is to work expeditiously to adopt a local ordinance expanding point 2, above, to all drivers in Chapel Hill, and coordinate those efforts in such a way to enhance the likelihood that a statewide ban may soon follow. The Council should not delay implementing at least a Town prohibition, even if that becomes the subject of litigation, or in some other way is affected by state action. The Town Council has the choice here to act or not to act, and if the Council fails to act, it is putting the lives of residents at risk, plain and simple. There is no substantial cost, and zero risk, posed by any of the actions I have outlined.
I expect a response to this e-mail, but more important, I expect action."

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