City tweaks 'texting while driving' ban

AUSTIN (KXAN) - No handheld GPS, internet surfing or scrolling through photos behind the wheel if the Austin city council approves new language added to the 'texting while driving' ban passed in October 2009.

Mayor Pro-Tem Mike Martinez pushed back the enforcement date to January 1, 2010 to allow time for discussion and clarification of the new ordinance.

Glenna Bowman had nothing to worry about when the Austin city council passed the ban.

"All this stuff where you have to use the keyboard and you need a hand and you're looking back and forth I think is a bad idea," said Bowman.

The original ordinance said using the internet was illegal, but questions were raised to Austin City Council Member Laura Morrison about  off-line programs.

"What about playing games, what about if you downloaded a book, what if you're just looking at your photographs?" said Morrison.

The ordinance prompted plenty of discussion among the Community Technology and Telecommunications Commission, who makes policy recommendations to the council based on public input.

"My feeling is they over shot and it ended up being a little vague and possibly over broadened," said Chip Rosenthal, Chair of the CTTC.

He worked the Urban Transportation Commission to tweak the wording. Both commissions approved a new version. The groups incorporated parts of California's statewide ban.

"You can read it and you can understand it, and it's very important that we be clear," said Rosenthal.

One problem Rosenthal saw with Austin's orginal ordinance prohibited people from using streaming internet radio on their cell phone and pressing the 'next song' button.

"You're going to press the station button on your radio, you should be able to press the station button on your iPhone," said Rosenthal.

The action would also be banned under the changed language Council member Laura Morrison and Chris Riley co-sponsored and released Friday.

The addition to the main statement is in bold:
"A driver of a motor vehicle may not use a wireless communication device to view, send or compose an electronic message or engage other application software while operating a motor vehicle."

"I think this is much clearer and captures the intent," said Morrison.

Under the new language, the ordinace only allows drivers to make phone calls behind the wheel.

When KXAN talked to Rosenthal Friday after he received a copy of the council's new draft, he wanted to hold his concerns until he could address the council.

The city council is set to vote on the new language at next Thursday's regular meeting.

To view the entire proposed ordinance changes click here.