Wireless communications

1. ArlingtonPoliceDepartment
ArlingtonPoliceDepartment
August2011
August2011

2. Restrict use of wireless communications while
operating a vehicle
Restrictions range from:
sending/receiving texts or emails via a wireless
device; to
prohibiting the use of any wireless communication
device while operating a
motor vehicle on a
public roadway

3. Per Texas Transportation Code:
“Wireless communication device” means a
handheld or hands-free device that uses
commercial mobile service, as defined by
47 U.S.C. Section 332.

4. Currently, two state statutes prohibit or limit use of
a wireless communication device while operating a
motor vehicle
Texas Transportation Code 545.424
Operation of Vehicle by Person Under 18 Years of Age -
Prohibits person under age 18 from operating a motor
vehicle, “while using a wireless communication device
except in case of emergency.”

5. Texas Transportation Code 545.425
Use of Wireless Communication Device; Offense
Generally prohibits use of a wireless communication
device while operating a motor vehicle within a school
crossing zone
Also prohibits use of a wireless device by an operator
of a passenger bus with a minor passenger on the bus
unless the bus is stopped
Exceptions for
hands-free device,
in cases of emergency, or
use by an operator of an authorized emergency
vehicle

6. San Antonio’s ordinance prohibits:
Use of a hand-held mobile communication device to send,
read, or write a text message,
To view pictures or written text, or
To engage in gaming or any other use of the device besides
dialing telephone numbers or talking to another person
while operating a moving motor vehicle
Austin’s ordinance is similar to San Antonio’s
Proposed State Law was less restrictive than
San Antonio/Austin ordinances
Only restricted text messages; did not
restrict e-mails, pictures, gaming, etc.
Vetoed by Governor Perry

7. El Paso’s ordinance prohibits
Any use of the device while operating a motor
vehicle
All ordinances contain defenses to prosecution,
including
Use of the device for emergency purposes, and
Use of the device in
a voice-activated or
hands-free mode

8. Modeled after El Paso Ordinance
Restricts any use of a wireless communication device
while operating a motor vehicle
Defenses to prosecution include:
Use of the device for emergency purposes,
Use of the device by operators of authorized emergency
vehicles, and
Use of the device in a voice-activated or hands-free manner

9. National Highway Traffic Safety Administration
(NHTSA) has an aggressive campaign devoted to
educating the public, schools, parents, etc.
about distractions while driving
Three main types of driving distractions:
Visual – taking eyes off the road
Manual – taking hands off the wheel
Cognitive – taking mind off what you’re doing

10. Nationally, over 5,400 people were killed in crashes
involving distracted drivers in 2009
Represents 16% of total fatalities
Most common distraction device cited is a cell phone
In Arlington, from 5/1/10 to 5/1/11
824 (approx. 14%) of the 6,094 crashes reported to the
State were coded with one or more of the following
contributing factors:
Driver inattention (733 or 89%)
Distraction in vehicle (87 or 11%)
Cell/mobile phone use (33 or 4%)

11. 30 states including Washington, D.C., ban text
messaging for all drivers
APD began enforcing statute restricting use of
wireless communication devices on June 1,
2010 in school zones bearing
proper signage
APD issued 518 citations
between June 2010 and
June 2011