City explores wider cellphone limits

At a Monday work session, Kalispell City Council generally agreed that it’s time to explore an ordinance to ban people from using handheld electronic devices such as cellphones while driving in the city.

Bans have been enacted in Whitefish and Columbia Falls, both of which let drivers use hands-free devices. And Kalispell may even ask around to see if there’s any interest in one countywide ban.

That could streamline the bans and make it easier for everyone, including the many people who visit Flathead Valley each year, to know what’s expected of them on area roads.

Councilman Jim Atkinson requested the work session discussion after hearing from “a lot of people” about incidents and near-collisions involving drivers texting or talking on phones and what other communities are doing to fight distracted driving.

He said Eagle Transit bans its bus drivers from using cellphones while behind the wheel.

“That tells me it’s pretty obvious that safety is a very important factor for them, and it should be an important factor for any driver,” Atkinson said.

“I’m hoping the City Council feels the same way and gives staff a directive to develop an ordinance to ban texting and only allow hands-free cellphone use in the city of Kalispell.”

Councilman Bob Hafferman said he would support an ordinance only if there is a major push to publicize it. “Maybe we could have a contest with $100 for a catchy phrase to put on our letterhead or bumper stickers or something,” he said.

“Something like, ‘Driving plus using a cellphone equals stupidity,’” Hafferman suggested.

“I think the word stupidity should be brought into it because of the simple fact that it is stupid to be talking on a cellphone when you’re driving... The main thing is to get people to recognize that driving in Kalispell is a full-time job.”

Councilman Wayne Saverud said Hafferman’s slogan needs some work, but agreed it’s time to explore the issue.

“I would support having this as a workshop subject in the near future,” Saverud said. And given the council’s general consensus on that, another work session is expected to be held in November.

Councilman Phil Guiffrida III said he opposes such legislation, because driving distractions can include everything from eating, drinking, changing radio stations and grooming to singing and talking to passengers.

“So many things create distracted drivers out there. It’s not just cellular phones,” Guiffrida said, calling it feel-good legislation.

Laws on careless and reckless driving are already on the books and could be used to fight distracted driving with proper enforcement, and creating a “duplicate” law would only burden police, Guiffrida said.

Others, including councilman Randy Kenyon, disagreed. He said he’s seen more and more distracted drivers in Kalispell.

“From my standpoint as a pedestrian and bicycle rider, it’s many, many times worse and many, many times more dangerous,” Kenyon said, agreeing there needs to be a focus on publicizing any ordinance.

“I think by us passing an ordinance it will raise people’s consciousness and maybe get them to think a little bit more. If only 5 to 10 percent of the people follow along with this, this town will be 5 to 10 percent safer. And I just think this is really, really important.”

Kalispell Police Chief Roger Nasset said officers are seeing more distracted drivers.

Some people drive around with a cellphone held to their ear, on their steering wheel or in their lap, and are obviously distracted, but that’s not everybody that uses a cellphone while driving. “It’s kind of a fine line and as a governing body, it’s not an easy decision,” Nasset said.

Bans can be written so they are simple or nearly impossible to enforce. Kalispell is one of the last major Montana cities and the last city in Flathead County without a ban, so there are examples to follow.

Missoula banned only texting while driving or riding a bike and that makes it almost impossible for officers there to determine if someone is texting or just looking at their phone or dialing a number, Nasset said. Other cities have banned nearly all use of handheld electronic devices while driving, making it easy to spot an offense.

“The specific cellphone ordinance gives you a little better standing to write a citation for things, because there isn’t as high of a burden of proof,” Nasset said of the new bans compared to existing careless and reckless driving laws.

While the bans are new and data is limited, police in communities with bans in place said they seem to be working. “But they’re the ones with the top lights on their cars so cellphones are going away when they get close,” Nasset said.

“I spoke with Great Falls and Whitefish and Columbia Falls, and from the law-enforcement perspective they had positive things to reflect back on the ordinance. They felt that it did help, that it was successful. We respond to nearly 1,900 accidents a year in this city. If we can shave a few off, it sure wouldn’t hurt.”

Reporter Tom Lotshaw may be reached at 758-4483 or by email at tlotshaw@dailyinterlake.com.