City of Surprise adds $250 Distracted Driving Ticket

There is no statewide law banning drivers from using cellphones and other hand-held devices, but the  City of Surprise is the latest Valley municipality to approve a measure to curb distracted driving.  The ordinance has a fine of up to $250.

 

 Comments on social media were mixed 

Anthony W.

its all about the money in Surprise AZ…from the end of the month traffic tickets unless you are an illegal to this sneeking phone use while driving….a lot of people are responsible drivers conducting immediate business contacts throughout the day….shame on Surprise!!! vote them out ….especially Skip Hall who I just voted for!!!!! all of the councilmen …vote them out!!!
 Tommy W.
All Cell Phone use should be banned while driving and a hefty fine if caught. Many lives would be save, however not as many if they would build the wall.
Here is the text of the actual city code.

CODE OF ORDINANCES CITY OF SURPRISE, ARIZONA

Sec. 54-8. – Use of handheld mobile telephone or portable electronic device; prohibited conduct; exceptions; penalties.

(a)  Definitions.

Hands-free use means the use of a mobile communication device without the use of either hand.

Mobile communication device means a wireless communication device that is designed to engage in calls; and/or receive and transmit text, images, and/or data.

Operating a motor vehicle means being in actual physical control of a motor vehicle on a highway or street and includes being temporarily stopped because of traffic, a traffic light or stop sign or otherwise, but excludes operating a motor vehicle when the vehicle has pulled over to the side of the road or off a roadway and has stopped at a location in which the vehicle can safely remain stationary.

(b)  No person shall, except as otherwise provided in this section, use a mobile communication device while operating a motor vehicle upon a street or highway, unless that device is specifically designed or configured to allow hands-free use and is used in that manner while operating a motor vehicle. A law enforcement officer may stop a motor vehicle or motor driven cycle if the officer has reasonable suspicion to believe a violation of this section is occurring.

(c)  Exemptions. This section shall not apply to:

(1)  The use of a mobile communication device for the sole purpose of communicating with any of the following regarding an immediate emergency situation, safety hazard or criminal activity:

  1.  An emergency response operator;
  2.  An ambulance company;
  3.  Fire department and rescue service personnel;
  4.  Law enforcement personnel;
  5.  A hospital; or
  6.  A physician’s office or health clinic.

(2)  The activation, initiation or deactivation of hands-free use.

(3)  Law enforcement and public safety personnel, and persons operating authorized emergency vehicles, using a mobile communication device for the purpose of communicating regarding official public safety duties.

(d)  It is an affirmative defense to a prosecution under this section that the driver was not operating the vehicle in a careless manner and was:

(1)  A driver using a two-way radio or a private land mobile radio system, within the meaning of Title 47 Code of Federal Regulations Part 90 while in the performance and scope of their work-related duties and who are operating fleet vehicles or who possess a commercial vehicle license; or

(2)  A driver holding a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio;

(e)  Penalty. A person who violates subsection (b) commits a civil violation and is subject to a civil penalty of up to $250.00 plus any other penalty assessments authorized by law, all in accordance with the provisions of chapter 2, article VI of the Code.

(Ord. No. 2018-025, Exh. A, 8-7-18)