Hand-held ban to include bicyclists

It appears it might be OK for this guy to use a hand-held device will driving in Kyle

 

The proposed ordinance to go before the City Council Tuesday would not only prohibit the operators of motor vehicles from using hand-held electronic devices but would also apply to bicyclists as well. Violators could be fined up to $500 (or more for a third violation), although no fines will be issued between the date the ordinance goes into effect and Nov. 1.
 

 A public hearing is scheduled prior to the council’s debate on the proposal for those citizens who would like to make their opinions known.
 

The following devices would be included in the ban: a "text-messaging device or other electronic, two-way communication device that uses a commercial mobile service ... mobile telephones, personal digital assistants (PDA), MP3 or other portable music players, electronic reading devices, laptop computers or tablets, portable computing devices, portable global positioning or navigation systems, pagers, electronic game devices and broadband personal communication devices." The use of hands-free electronic devices are permitted.
 

There will be some exceptions to the rule including reporting a possible illegal activity, communicating with an emergency response operator, a medical emergency, or if there is some other reason to believe a person’s "life or safety is in immediate danger."
 

The prohibition will be in effect even if the vehicle in question is not moving — stopped at a red light, for instance. However, someone in the driver’s seat of a vehicle may use a device if a car is parked, presumably in a legitimate parking space with the ignition off. "For the purposes of this ordinance, ‘parked’ does not mean a vehicle stopped in a lane of traffic due to either a lawful traffic control device, or the conditions on the roadway, or traffic congestion patterns then existing," the proposed ordinance reads.
 

Specifically, here are the activities operators of motor vehicles and bicycles could not do under the proposed ordinance:

• Engage in a call
• Send, read or write a text message
• Take or view pictures or written text whether transmitted by internet or other electronic means, or access or view an internet website or software application
• Engage in gaming
• Engage in any other use of the device while operating a motor vehicle. This includes holding the hand-held wireless communication device.

 

No fines will be attached to offenses until Nov. 1 "so that an educational effort by the City of Kyle may be conducted to inform the public about the importance and requirements" of the ordinance. However, beginning Nov. 1 offenders can be fined anywhere from $100 to $500 for a first offense, between $200 and $500 for a second offense and a minimum $500 fine for a third offense.

(Personal note: I wouldn't mind seeing the fines doubled if the offense occurred within a school zone.)