The Kyle Report

The Kyle Report

Friday, September 22, 2017

Signs point to 30-day grace period on car calling ban enforcement

Kyle Police Chief Jeff Barnett said today all the required notification signs are in place to enforce the city’s ban on using a wireless communications while operating a motor vehicle or bicycle, but it might be as long as 30 days until the city knows if the wording on those signs passes state muster and KPD can begin ticketing violators.

The city council voted unanimously Tuesday to adopt the ban. The 7-0 approval means the ordinance didn’t need to come back for a second reading. Kyle adopted such a ban in 2016, but earlier this year, the Texas Legislature passed and the governor signed legislation that prohibited texting while driving. That legislation also effectively revoked all city ordinances on the subject, but gave municipalities room to adopt stronger rules. The only caveat was that, if stricter city regulations were put in place, signs had to be placed at the city limits on all roads bearing numbered highway designations.

Barnett said those signs are in place in Kyle "and we are consulting with our legal representation to review current wording and to recommend any additional language, if necessary. Enforcement on the city ordinance will take place only after the wording is adjusted and posted. If we do need to adjust the currently posted language, I would estimate the placing of those signs to be less than 30 days."

It is a common practice for police officers to position themselves along major arterials with devices designed to measure whether a motorist is exceeding the posted speed limit. Barnett said the KPD will not employ such tactics to snare drivers using their wireless devices illegally.

"Officers will enforce the new state law as they perform their patrol duties," the chief said.

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