Hands-Free Ordinance Update

1. Hands Free Ordinance Update
College Station Police Department

2. College Station Ordinance
On August 11, 2016, City Council passed an ordinance
that prohibited the use of wireless communication
devices while operating a motor vehicle
The ordinance went into effect on November 9, 2016
Full enforcement began January 1, 2017

3. CITATIONS WARNINGS Grand Total
Grand Total 640 578 1219
Enforcement Statistics

4. Texas Transportation
Institute Study
Survey of Wireless Communication Device Use in
College Station, Texas
Katie N. Womack
Senior Research Scientist
Center for Transportation Safety
Texas Transportation Institute

5. College Station Cell Phone Use Survey
8.4% 4.6% 1.7%
7.8% 4.3% 2.2%
6.9% 3.8% 2.2%
6.0% 3.3% 2.1%
2013
2014
2015
2016

6. Texas MCD Use Survey
10.2% 6.9% 3.9%
9.0% 5.9% 3.7%
8.0% 5.0% 3.5%
8.2% 4.7% 3.6%
8.7% 4.8% 4.6%
2013
2014
2015
2016
2017*
*preliminary

7. 11.7%
4.5%
7.2%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
14.0%
WCD Use Talking Texting
Pre-ordinance
College Station Cell Phone Use Survey

8. College Station Cell Phone Use Survey
11.7%
4.5%
7.2%
6.8%
1.7%
5.0%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
14.0%
WCD Use Talking Texting
Pre-ordinance
Post-ordinace

9. 14.8%
4.5%
7.2%
2.9%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
14.0%
16.0%
WCD Use Talking Texting Holding WCD
Pre-ordinance
College Station Cell Phone Use Survey

10. College Station Cell Phone Use Survey
14.8%
4.5%
7.2%
2.9%
8.0%
1.7%
5.0%
1.30%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
14.0%
16.0%
WCD Use Talking Texting Holding WCD
Pre-ordinance
Post-ordinace

11. 11.7%
11.1%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
14.0%
College Station Bryan
Pre-ordinance
College Station Cell Phone Use Survey

12. College Station Cell Phone Use Survey
11.7%
11.1%
6.8%
9.6%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
14.0%
College Station Bryan
Pre-ordinance
Post-ordinace

13. 85th Legislative Session
The new law is found in Transportation Code §545.4251 enacted by
H.B. 62
Efforts to completely preempt City ordinances as it relates to use of
WCD’s failed in the Special Session
Effective September 1, 2017, portions of the City ordinance that
prohibit use of a Wireless Communication Device (WCD) to read, write
or send electronic messages is preempted by Transportation Code
§545,425 (j)
As such, City Ordinance Sec. 38-19 conflicts in part, with the new State
law

14. Comparison
City Ordinance-Sec 38-19 State Law-Trans. Code
§545.4251
1. Prohibited
Conduct
Generally prohibits any use Only prohibits reading, writing or
sending of electronic messages
unless at a complete stop
2. Fine Amount $25-$200 $25-$99 for 1st offense & $100-
$200 for 2nd offense
3.Affirmative
Defenses
Complete Stop, Hands Free,
Mounted GPS use,
Emergency use
Hands Free, GPS use, Emergency
or traffic or road condition use,
Music use

15. Options
Amend the City Ordinance
• Would prohibit the operator of a motor vehicle from using a WCD to
make a phone call without the use of a hands-free device
• Would also prohibit using a WCD for any reason from a bicycle
• Would require maintenance of current posted signs as well as
purchase and installation of 18 additional signs
Repeal the City Ordinance
• The City may repeal the current ordinance and rely solely upon State
law only
• Would allow motor vehicle operators to use a WCD to make a phone
call without hands-free devices since conduct is not prohibited under
State law
• Likewise, the use of WCD by bicycle operators for any purpose
would be permitted
• The current City signs would need to be removed

16. Potential Costs
Initial cost to purchase and install the current signs-
$25,580
Cost to purchase and install 18 additional signs-
$14,728
Cost to remove existing signs- $7,715