Montgomery, AL, FYI

jrcarroll · Jul 7, 2010

The City has proposed this new law, so be mindfull.

John

ORDINANCE NO. _______
DECLARING UNLAWFUL THE USE OF HAND-HELD WIRELESS
COMMUNICATIONS DEVICES WHILE OPERATING MOTOR
VEHICLES ON PUBLIC RIGHTS-OF-WAY
WHEREAS, the use of wireless communications devices by motorists has increased in
recent years; and

WHEREAS

, while wireless communications devices have assisted with quick reporting

of road emergencies, their use has also contributed to accidents and other mishaps, thereby
endangering the citizens of the City of Montgomery; and
WHEREAS

, when motorists hold a wireless communication device in their hand

or hands to place a call or receive a call, or to read, compose, and/or send an electronic message
and attempt to drive, their chances of becoming involved in a traffic accident increase, thereby
posing a threat of harm to themselves and others. Now, therefore,
BE IT HEREBY ORDAINED

by the City Council of the City of Montgomery,

Alabama, as follows:
SECTION I. DEFINITIONS

.

For the purposes of this ordinance, the following words and phrases shall have the
meaning ascribed thereto:
A. Wireless Communications Device. A full-duplex device which uses cellular or
satellite technology to transmit and receive electronic data in either digital or analog
format which is converted by the device to either voice, text, or graphic
communication. A Wireless Communications Device shall include attachments, addons,
or built in features which allow a car stereo receiver, or components thereof, to
be used as a two-way communications device. A Wireless Communications Device
shall not include half-duplex devices which are capable of using only one channel for
both sending and receiving data, including Civilian Band (CB) Radios and Walkie
Talkies.
B. Hand-held Wireless Communication Device. A Wireless Communication Device
which requires physical manipulation of the device to receive send or receive data. A
Hand-held Wireless Communications Device shall include a Wireless Hand-held
Communications Device which is manually manipulated by the driver in the same
manner as a Hand-held Device.
C. Hands-free Wireless Communications Device. A Wireless Communications Device
which is activated by the user without being physically manipulated by the user and
which does not have to be held to the driver’s ear.
D. Operating a Motor Vehicle. Driving, having control of, or otherwise operating a
motor vehicle within the travel lanes of a public right-of-way. Operating a motor
vehicle shall not include being parked on the margin of a public right of way where
the automobile’s engine is not running or where the transmission of the automobile
has been placed in the parked or neutral position.
SECTION II. VIOLATION

.

It shall be and is hereby declared unlawful for any person within the corporate limits of
the City of Montgomery to operate a motor vehicle upon a public right-of-way while using a
hand-held wireless communication device. Use of a hands-free wireless communications device,
as defined herein, shall not be a violation of this ordinance. Any person found to have been in
violation of this section shall be punished as follows:
A. Any person found to have been in violation of this ordinance on any one occasion
shall be punished by a fine of not more than fifty dollars ($50.00), or by
imprisonment in the city jail for not more than ten (10) days;
B. Any person found to have been in violation of this ordinance on a second occasion
within a twelve-month period shall be punished by a fine of not more than one
hundred dollars ($100.00), or by imprisonment in the city jail for not more than ten
(10) days, or by any combination of said fine and imprisonment;
C. Any person found to have been in violation of this ordinance on a third or subsequent
occasion within a twelve-month period shall be punished by a fine of not more than
five hundred dollars ($500.00), or by imprisonment in the city jail for not more than
three months, or by any combination of said fine and imprisonment.
SECTION III. EXCEPTIONS

.

A person operating a motor vehicle shall not be found to have been in violation of this
ordinance where that person is:
A. using a hand-held wireless communications device as a global positioning or
navigation system where the device is affixed to the motor vehicle at the time of its
use;
B. using hand-held wireless communications device to obtain emergency assistance to
report a traffic accident, medical emergency, traffic hazard, or a crime—whether the
crime has been committed, is in the process of being committed, or has recently been
committed—or where the person operating an automobile has a reasonable belief that
a person’s life or safety is in immediate danger; or
C. an operator of an authorized emergency vehicle and engaged in the line and scope of
his or her duties.

usaf6186 · Jul 8, 2010

I don't know about your town, but it seems like almost every cop I see on the road around here has a cell phone to his ear. Jerry Lee

bluejaybee · Jul 8, 2010

usaf6186 said:
I don't know about your town, but it seems like almost every cop I see on the road around here has a cell phone to his ear. Jerry Lee

My thoughts exactly. Who is gonna police them?

And I saw a DOT K9 Officer on I65 this week doing 50 MPH and kept running off the road on the right side. It looked like he was fooling with his computer while he was driving. Plus it was well past time for headlights and he hadn't turned his on yet. This was really shocking to me. He was the talk on the CB. Everybody was seeing him do it.

14Wheeler · Jul 9, 2010

Bluetooth's hands free ear pieces are cool and all that, but still an issue while driving.
I've tried 3 of the so-called best and still getting negative responses from folks listening. Engine noise from within the cab appears to be the problem. Law or not, I have no choice but to use my phone in a conventional manner. I do believe I can position my phone as to appear to not be using it.

highway star · Jul 9, 2010

14Wheeler said:
Bluetooth's hands free ear pieces are cool and all that, but still an issue while driving.
I've tried 3 of the so-called best and still getting negative responses from folks listening. Engine noise from within the cab appears to be the problem. Law or not, I have no choice but to use my phone in a conventional manner. I do believe I can position my phone as to appear to not be using it.

Then you haven't tried Blue Parrot. The people you're talking to won't even realize you're on a headset. There are other brands that are as good. You just have to be willing to put up $90 bucks or so. You get what you pay for.

Desperado · Jul 9, 2010

bluetooth CB best investment so far

usaf6186 · Jul 10, 2010

Desperado said:
bluetooth CB best investment so far

Bluetooth CB? What brand and how much? Jerry Lee

Turtle · Jul 10, 2010

Cobra 29-LTD BT
$199.99 list, most places it's about $150.

I went through 7 or 8 Bluetooth headsets, high end ones from Motorola and Jawbone, lots of 'em. In all cases I could position the earpiece so that I could hear them, but then they couldn't hear me clearly when I talked, or visa versa, where they could hear me just fine, but I couldn't hear them very well, or at all if the window was down while driving.

I concur on the BlueParrott headsets. I cannot recommend this highly enough.

They have a new style, too. The original one (B250-XT) has a metal headband that looks just all kinds of uncomfortable, but I can wear it the entire length of a 900 miles run and sometimes forget I'm wearing it. The over-the-ear headphone works great and I can hear people without any problems. I've been talking to people, pulled up to a fuel island and stood there next to a running tractor with a roaring reefer while filling the van, got in the van and left, and the person I'm talking to had no idea I got fuel, or even got out of the van.

The new one (BlueParrot Xpressway), you can use the metal headband, a behind the neck thingy, or an ear clip like most of them you see.

Flying J has them, with a $20 mail in rebate. You can also get them at Amazon and other places, all end up being about the same price.

It says 16 hours of talk time, but I generally get more than that. 150 hours standby time, and I get more than that, too. It's best to leave it on the charger when not using it, but many times I'll go a week or more without charging it. The phone rings and I pick up the BlueParrot. I very rarely talk using the phone anymore.

cheri1122 · Jul 10, 2010

I'm on my 3rd Bluetooth, and finally got one I love: a Blue Ant. The BlueParrot is a headset, which I can't tolerate for more than a few minutes, but the Blue Ant is an earbud type - so comfortable, I often forget it's there. It talks to me, [great when using the phone as an alarm!], and does an excellent job of filtering out the truck noise.
It wasn't cheap: $115.00, but it's worth it, IMO.