Council Clarifies Texting Ban

Thursday, Austin city council members clarified the language of the texting while driving ban adopted several months ago. The original ordinance banned texting, but it still wasn't clear if any other phone operation was okay.

The new, easier to understand ban should be much more direct: anything you do on your phone except talking on it will be prohibited while a vehicle is in motion.

Some groups like the American Civil Liberties Union worry about how police officers will be able to enforce what they call a vague and subjective ordinance. "The new language opens it up to even more questions," said Debbie Russell, ACLU Central Texas president. "It leaves it too much to officer discretion, and that historically has led to profiling."

Russell told the media Thursday that how the law will be applied in a real-life situation is unclear. But the Austin police department said its officers will use their best judgment to determine if a driver is texting while in a moving vehicle. Public information officer Cplt. Scott Perry has also said the same about similar stories, including the new ordinance that drivers must give bicyclists a three-foot clearance. An officer's best judgment is also used in that circumstance, he says, and officers will be looking for particular behaviors. Those include tailgating, speeding, driving too slowly, or weaving in and out of traffic lanes.

Council member Laura Morrison believes the language of the amended texting while driving ordiance simplifies things for drivers. "It says don't use your cell phone while you're driving for anything else than making a phone call and talking on the phone," said Morrison.

Warnings will only be given during the first 30 days after the ordinance goes into effect, which is slated for January 1. After that, drivers could face a fine as steep as $500 for going digital while driving.

Drivers may use their cell phones to text, operate their GPS systems, or internet radio, while the car is parked or at a red light.