Text & Ride = Ticket

Texting/Cell Phone Talking will get you a ticket while cycling.

Thoughts?

Don't Text & Ride (fixed by JH)

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Permalink Reply by Julie Aberman (Hochstadter) on October 14, 2011 at 2:37am

Huffington Post article about the approved ban.

Texting While Biking Banned By Chicago City Council

First Posted: 10/5/11 05:08 PM ET Updated: 10/5/11 05:08 PM ET

The Chicago City Council on Wednesday approved an ordinance barring bicyclists from using their cell phones to text message or talk on the phone without a hands-free device.

The ordinance, sponsored by Ald. Margaret Laurino (39th), the Committee on Pedestrian and Traffic Safety chairman, fines violators $20 on their first offense, and up to $100 for three or more violations. The fine is increased to a $500 maximum should they violate the ordinance du..., according to the Chicago Tribune. Fines for motorists violating the existing cell phone ban are comparative....

The ban, which Laurino described as "common sense" in leveling the playing field between bicyclists and motorists, will go into effect in November, NBC Chicago reports. It was approved by the council without dissent.

The ban was somewhat weakened compared to its original proposal last month. Originally, violators were to face a $50 fine on a first offense.

The Active Transportation Alliance, a group which promotes biking, walking and mass transit use, supported the ordinance but was concerned that bicyclists, because they are more visible than motorists, would be more often targeted than phone-using motorists.

Photo by pasa47 via Flickr.

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Permalink Reply by Andrew Bedno on October 14, 2011 at 8:29am

Reposting my thoughts from when this first passed through the CCM listserv:

1. I think "spitefulness" is a better descriptor than "fairness"
Fairness could readily be extrapolated to require cars to drive slowly and in the gutter as we do.
The last thing 21st century Chicago needs is anything anti-cyclist, hence I must doubt their motives.

2. I was at the MBAC announcement of this as pending and thought we'd have time to debate against.

3. I wish I could argue that there's no record of harm, but one of the local ghost bike back stories reports them having been on a phone.

4. Does anyone have the exact text of the ordinance?
I've searched to no avail. Wondering if it's exactly as the car one, which I also couldn't find.
I'm concerned if this could include interacting with a GPS, even if its bike mounted.

-----Original Message-----
From: Chicago Critical Mass
Sent: Wednesday, October 05, 2011 12:56 PM
Subject: [*CCM*] City Council bans texting while bicycling

http://www.chicagotribune.com/news/politics/clout/chi-chicago-city-...

Chicago City Council bans texting while bicycling
By John Byrne, Clout Street

Bicyclists soon will face the same restrictions against texting while riding in Chicago as motorists do while behind the wheel.

The City Council today passed an ordinance prohibiting bicyclists from texting while moving. They also cannot make cell phone calls unless using a hands-free device under an ordinance that passed the council without dissent. The ban will go into effect next month.

Fines will start at $20 for a first offense and go up to $100 for a third or subsequent violation. If an accident is involved, the fine could shoot up to $500.

Sponsoring Ald. Margaret Laurino, 39th, said the issue is a matter of fairness as well as safety, since motorists already are prohibited from texting and making calls with hand-held devices in Chicago.

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Permalink Reply by Kevin C Dormant on October 14, 2011 at 8:52am

Passed City Council on 9/8/11. I don't read it to apply to the use of a GPS or an iPod. Strictly two way communication devices.

Attached:

Andrew Bedno said:

[snip]

4. Does anyone have the exact text of the ordinance?
I've searched to no avail. Wondering if it's exactly as the car one, which I also couldn't find.

[snip]

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Permalink Reply by Dhruv on October 14, 2011 at 10:53am

Good!

I don't understand why bikers need to text or talk while biking. It makes no sense.

It doesn't make sense if you are driving a car, but with bicyclists, it can be fatal. We share a lane, sometimes a tight one, with vehicles that are quite heavy and quite speedy. Anything that hinders being aware of your surroundings is just plain stupid.

I drive and I bike, and I'm always amazed at how many people are talking while biking or listening to music. If you want to hear music, stick to bike paths through forest, but not on same streets as cars.

However, I want to see more enforcing of drivers who talk on phone or text. They are a danger to others and especially bicyclists. At least with bicyclists, if they are on phone or text, they won't cause too much damage.

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Permalink Reply by M K on October 14, 2011 at 1:45pm

bum bum bum, bum bum buh dum dah dum...

Frankly, if someone is stupid enough to text while they ride their bicycle and not just pull over to do it, I don't really care if they receive a ticket. Maybe it will raise some revenue in our debt-ridden nation.

Tank-Ridin' Ryan said:

I'd be interested in the rationale of a cyclist who thinks typing out a message while riding is a fine idea.

Watch out for that treeeee!!

*humming the George of the Jungle theme*

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Permalink Reply by M K on October 14, 2011 at 1:48pm

Hmmm in response to #4, I hadn't thought about that but that would be interesting to learn.

Andrew Bedno said:

Reposting my thoughts from when this first passed through the CCM listserv:

1. I think "spitefulness" is a better descriptor than "fairness"
Fairness could readily be extrapolated to require cars to drive slowly and in the gutter as we do.
The last thing 21st century Chicago needs is anything anti-cyclist, hence I must doubt their motives.

2. I was at the MBAC announcement of this as pending and thought we'd have time to debate against.

3. I wish I could argue that there's no record of harm, but one of the local ghost bike back stories reports them having been on a phone.

4. Does anyone have the exact text of the ordinance?
I've searched to no avail. Wondering if it's exactly as the car one, which I also couldn't find.
I'm concerned if this could include interacting with a GPS, even if its bike mounted.

-----Original Message-----
From: Chicago Critical Mass
Sent: Wednesday, October 05, 2011 12:56 PM
Subject: [*CCM*] City Council bans texting while bicycling

http://www.chicagotribune.com/news/politics/clout/chi-chicago-city-...

Chicago City Council bans texting while bicycling
By John Byrne, Clout Street

Bicyclists soon will face the same restrictions against texting while riding in Chicago as motorists do while behind the wheel.

The City Council today passed an ordinance prohibiting bicyclists from texting while moving. They also cannot make cell phone calls unless using a hands-free device under an ordinance that passed the council without dissent. The ban will go into effect next month.

Fines will start at $20 for a first offense and go up to $100 for a third or subsequent violation. If an accident is involved, the fine could shoot up to $500.

Sponsoring Ald. Margaret Laurino, 39th, said the issue is a matter of fairness as well as safety, since motorists already are prohibited from texting and making calls with hand-held devices in Chicago.

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Permalink Reply by Justin B Newman on October 14, 2011 at 3:40pm

I'm not too familiar with the system they use to track this stuff. They have both an "ordinance" and a "substitute ordinance". I don't know which one is what actually passed, so here they both are. The spacing issues are the fault of my copy/paste job, best I can tell.

Committee on Pedestrian and Traffic SafetySeptember 8, 2011 City Council
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Chapter 9-52 ofthe Municipal Code of Chicago is hereby amended by addinga new Section 9-52-110, as follows:
9-52-110 Use of communication devices while operating a bicycle.
(a) For purposes of this section only, the following definitions apply:
"Communication device" means a device, including but not limited to a wireless telephone,personal digital assistant, or a portable or mobile computer, which is designed to transmit andreceive electronic messages.
"Electronic message" means a self-contained piece of digital communication that isdesigned or intended to be transmitted between communication devices. An "electronic message"includes, but is not limited to electronic mail, a text message, an instant message, a command orrequest to access an internet site, or talking or listening to another person on the telephone.
"Using" means composing, reading, sending or listening to an electronic message.
(b) Except as otherwise provided in subsection (c) of this section, no person shall operatea bicycle while using a communication device. Except as otherwise provided in subsection (d) ofthis section, any person who violates this subsection shall be subject to the fine range set forth insection 9-4-020.
(c) The provisions of this section shall not apply to a:
(1) law enforcement officer or other emergency responder, when on duty and actingin his official capacity;
(2) person using a communication device with a "hands free" device or in a voice-activated mode, which allows the person to talk into and listen to the other partywithout the use of hands;
(3) person using a communication device for the sole purpose of reporting anemergency situation and continued communication with emergency personnelduring the emergency situation; or
(4) person using a communication device while maintaining a bicycle in a stationaryposition.
(d) If a violation of subsection (b) of this section occurs at the time of a traffic accident, theperson operating the bicycle may be subject to a fine not to exceed $500.00 which shall beassessed in addition to the fine provided by section 9-4-020.
SECTION 2. This ordinance shall take effect after its passage and publication.
Margaret LaurinoAlderman, 39th Ward

SUBSTITUTEORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Chapter 9-52 of the Municipal Code of Chicago is hereby amended by addinga new Section 9-52-110, as follows:
9-52-110 Use of communication devices while operating a bicycle.
(a) For purposes of this section only, the following definitions apply:
"Communication device" means a device, including but not limited to a wireless telephone,personal digital assistant, or a portable or mobile computer, which is designed to transmit andreceive electronic messages.
"Electronic message" means a self-contained piece of digital communication that isdesigned or intended to be transmitted between communication devices. An "electronic message"includes, but is not limited to electronic mail, a text message, an instant message, a command orrequest to access an internet site, or talking or listening to another person on the telephone orother communication device.
"Using" means composing, reading, sending or listening to an electronic message.
(b) Except as otherwise provided in subsection (c) of this section, no person shall operatea bicycle while using a communication device.
(c) The provisions of this section shall not apply to a:
(1) law enforcement officer or other emergency responder, when on duty and actingin his official capacity;
(2) person using a communication device with a "hands free" device or in a voice-activated mode, which allows the person to talk into and listen to the other partywithout the use of hands,
(3) person using a communication device for the sole purpose of reporting anemergency situation and continued communication with emergency personnelduring the emergency situation; or
(4) person using a communication device while maintaining a bicycle in a stationaryposition.
(d) Any person who violates any provision of this section shall be fined not less than $20.00nor more than $50.00 for the first offense, not less than $50 00 nor more than $75.00 for thesecond offense, and not less than $75.00 nor more than $100 00 for a third or any subsequentoffense.
In addition to any fine provided for in this section, if a violation of subsection (b) of thissection occurs at the time of a traffic accident, the person operating the bicycle may be fined in anamount not to exceed $500 00.
SECTION 2. This ordinance shall take effect after its passage and publication.
Margaret LaunnoAlderman, 39th Ward

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Permalink Reply by Kevin C Dormant on October 15, 2011 at 4:58am

And here's the Chicago Municipal Ordinance related to motor vehicles:

9-76-230 Use of mobile telephones.

(a) Except as otherwise provided in subsection (b) of this section, no person shall drive a motor vehicle while using a mobile, cellular, analog wireless or digital telephone. “Using a mobile, cellular, analog wireless or digital telephone” shall include, but not be limited to, the following activities: (1) talking or listening to another person on the telephone; (2) text messaging; (3) sending, reading or listening to an electronic message; or (4) browsing the internet via the mobile, cellular, analog wireless or digital telephone. Except as otherwise provided in subsection (c) of this section, any person who violates the requirements of this subsection shall be subject to the fine range set forth in Section 9-4-020.

(b) The provisions of this section shall not apply to:

(1) Law enforcement officers and operators of emergency vehicles, when on duty and acting in their official capacities.

(2) Persons using a telephone with a “hands free” device allowing the driver to talk into and listen to the other party without the use of hands.

(3) Persons using a telephone to call 911 telephone numbers or other emergency telephone numbers to contact public safety forces.

(4) Persons using a telephone while maintaining a motor vehicle in a stationary parked position, and not in gear.

(c) If a violation of subsection (a) of this section occurs at the time of a traffic accident, the driver may be subject to a fine not to exceed $500.00 which shall be assessed in addition to the fine provided by Section 9-4-020.

(d) If any violation of this section is subject to the reporting requirements of Section 6-204 of the Illinois Vehicle Code, as amended, such violation shall be deemed not to be a compliance violation within the meaning of subsection (a) of Section 9-100-020 and the corporation counsel shall institute appropriate proceedings in a court of competent jurisdiction to prosecute such violation.

(Added Coun. J. 11-5-08, p. 43707, § 4; Amend Coun. J. 2-11-09, p. 55033, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. II, § 1)

Kevin C said:

Passed City Council on 9/8/11. I don't read it to apply to the use of a GPS or an iPod. Strictly two way communication devices.

Attached:

Andrew Bedno said:

[snip]

4. Does anyone have the exact text of the ordinance?
I've searched to no avail. Wondering if it's exactly as the car one, which I also couldn't find.

[snip]