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Bozeman police yet to issue ticket for violation of handsfree cell phone law

Posted: Feb 20, 2012 5:26 PM by Christina Lysacek
Updated: Feb 20, 2012 8:59 PM

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Four days after the Bozeman handsfree cell phone law grace period ended, no tickets have been issued for a violation of the ordinance.

Calls to the Bozeman Police Department confirm that officers have made five stops for violations of the law since Feb. 17, but only warnings were issued.

"The general reaction when I pull people over for being on their cell phone is that they knew about it and a lot of them say, 'I'm sorry, I forgot,'" said Rick Musson, Bozeman Traffic Officer.

According to a written statement from the Bozeman Police Department, the ordinance essentially states: No person shall use or have in their immediate physical possession a hand held electronic communication device while operating a motor vehicle, motorcycle, quadricycle, or a bicycle on a public highway, within the City limits of Bozeman.

There are seven exceptions to the law:
1. This section shall not apply to any person reporting a health, fire, safety, or police emergency.
2. This section shall not apply to governmental fire agencies, ambulance services, law enforcement agencies, emergency responders, or any person operating an Authorized Emergency Vehicle as defined in Section 61- 8- 102(2)(a), MCA while in the performance and scope of their work related duties.
3. This section shall not apply to passengers in a motor vehicle, or persons using a hand held electronic communications device while maintaining a motor vehicle in a stationary position, not in gear, while in a parking lane or space out of moving traffic lanes.
4. This section shall not apply to persons using a hands free device. A "hands free device" shall mean an electronic communication device that has an internal feature or function, or that is equipped with an attachment or addition, by which a user engages the device and by which the continual or repeated use of either hand is not required to activate, deactivate, initiate, or maintain a function of the device. A hands free device does not include a device where touching the device is necessary to dial a phone number or enter text. Use of a device's internal speaker alone does not constitute a hands free device.
5. This section does not apply to drivers using two-way radios while in the performance and scope of their work-related duties.
6. This section shall not apply to drivers holding a valid amateur radio operator license issued by the Federal Communications Commission while using a two-way radio.
7. This section shall not apply to a driver operating a motor vehicle or motorcycle on all portions of Interstate 90 considered controlled access including the entirety of the exit and entrance ramps.

Drivers without Bluetooth devices are encouraged to pull over to the side of the road, onto the shoulder or into a legal parking spot and answer their phones if they need to take the call.

"That's what we want, for people to safely pull over, park and then talk on their cell phone. They can do what they have to do and then get back on the road," said Musson.

Since Jan. 17 when the grace period when into effect, the City of Bozeman has made a special effort to educate the public about the law.

"We've done more to give out information on this law than we have on any other law in the past," said Lieutenant Mark Johnson.

The city has spent more than $1,600 to put 33 signs up at every entry into town reminding you about the law. Fact sheets are handed out to people who are stopped for violating the law and officers have met with neighborhood organizations to answer any questions citizens may have about the ordinance.

"A lot of people support the ordinance, they think that it was past due," said Johnson.

As of now, the ordinance is only in effect for one year and its effectiveness will be evaluated after that year is up.

"We're going to learn a lot over the next year from the community and from our officers and just see really what the impact of this law and ordinance has made," said Johnson.

A person who violates this law shall be deemed to have committed a municipal infraction, a civil offense, and for each violation a civil penalty of $100 shall be imposed.

To help better understand the ordinance, here are the answers to some common questions the Bozeman Police Department has been hearing from community members:
• Using the internal speaker on a phone is not considered hands-free and is a violation of this ordinance. Bottom line is that if someone wants to use a cell phone while driving, they must use a hands-free device...Bluetooth ear piece or visor/dash device.
• Drivers cannot use their hand-held cellular phone or above-listed communication device while stopped at a stop light, railroad crossing, etc. The ordinance specifically states the vehicle must be in a stationary position, not in gear, while in a parking lane or space out of moving traffic lanes.
• Bicycles are also included in this ordinance, as bicycles must obey the same rules of the road as a motor vehicle.
• This ordinance only applies to the driver or a vehicle or bicycle, not the passengers.
• I-pods, MP3 players, or any other electronic device that doesn't use short-wave analog or digital radio transmissions between the device and a transmitter to permit wireless communications to and from the user of the device do not fall under this ordinance and are allowed to be used.
• Violation of this ordinance is a civil infraction and neither the violation nor any conviction points will go on a driver's record.
• All violators of this ordinance will have the options of either appearing in Bozeman Municipal Court at the Law and Justice Center, 615 South 16th in Bozeman to plead not guilty to the citation; pay their fine at the court; or mail their fine to the court. If a violator fails to complete any of the three options after receiving a citation, the municipal court may issue a judgment against the violator and send them to collections.

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