Libby City Council OKs distracted driving ordinance

It won’t be long before Libby’s new distracted driving ordinance takes effect.

Following a 3-2 vote Monday at the City Council meeting, Libby became the latest Montana community to approve such a measure.

It will take effect 30 days from its Monday passage, meaning the ordinance is official on April 16.

Councilor Kristin Smith made a motion to approve it and fellow Councilor Melissa Berke seconded the motion. Brian Zimmerman joined them in voting for the ordinance while Hugh Taylor and Gail Burger voted against it.

Discussion about a similar ordinance under consideration by the Montana Legislature led some councilors to say the local measure could be repealed if it passes at the state level.

Senate Bill 359 had large support, passing through the chamber by a 34-16 vote March 3. If it makes it through the House of Representatives and Gov. Greg Gianforte signs the bill, Montana will join 49 other states with such ordinances.

Sen. Mike Cuffe, R-Eureka, has endorsed the measure.

Libby Chief of Police Cody Ercanbrack brought the ordinance proposal to Council last fall after local figures showed a fairly high number of traffic crashes were due to distracted driving.

At the Oct. 7 Council meeting, Ercanbrack said his department responded to 11 accidents in September. He said three, which people admitted, were due to distracted driving.

For the chief, it’s also more personal to him.

“In my career I have investigated many crashes that could have been avoided if the drivers had not been distracted,” Ercanbrack said in an email to The Western News. “A trooper I had trained with and worked with was struck by a driver who was distracted. It was a horrific several hours waiting to hear if he survived the crash, fortunately he did and is enjoying every day with his family. Many people can’t say the same. Being able to instantly communicate with people has been a phenomenal benefit for society but it also comes at a cost when we forget that text messages and social media posts can wait until we get where we are going. 

“We can all do better by pulling over in a safe location to send a quick message, if it cannot wait till we arrive where we are going. We are always in such a rush to go about our day. It’s important that we remind ourselves to slow down and find joy in every moment. The Libby Police Department just want to help keep the community safe. Our officers are dedicated to service of our home.”

The incident Ercanbrack is referring to was reported on by ktvb.com in Idaho. Trooper Mike Wendler, a sergeant with Idaho State Police, responded to a vehicle fire in September 2022 on Interstate 84 in Jerome County when a passing vehicle struck him, causing critical injuries. A little more than a year later, Wendler medically retired after a 17-year career, according to a story on eastidahonews.com. Wendler suffered a traumatic brain injury, a jaw fracture, had skin ripped off his right hand and lost some teeth.

The bill in the Montana Legislature is being called “Chloe’s Law” by its sponsor, Sen. Sara Novak, D-Anaconda. 

According to reporting in the Daily Montanan, 25-year-old Chloe Worl was killed by a distracted driver in March 2021 after crossing rumble strips and driving in Worl’s lane for 100 yards before striking her vehicle, killing her instantly.

According to a Jan. 31, 2024 story in the Dillon Tribune, the driver, Heidi Turney Lagge, pleaded guilty to felony negligent homicide after admitting to texting while driving on Highway 91 North before taking her eyes off the road to tend to a child in the back seat. She received a 10-year suspended sentence.

Ercanbrack’s data included figures from the National Highway Traffic Safety Administration, which stated 3,522 people were killed in distracted driving crashes in 2021, 8% of all traffic fatalities.

According to Centers for Disease Control and Prevention, distracted driving contributes significantly to crashes involving teens, with about 39% of high school drivers reporting texting or emailing while driving in the past month.

Distracted driving includes eating, adjusting navigation systems or interacting with passengers. In Montana, there were 240 traffic fatalities in 2022, with many linked to driver inattention. The state Department of Transportation noted that distracted driving is an under-reported factor in crashes, making it difficult to gauge the full impact.

The Libby ordinance defines a prohibited act in two ways, including using or having in their immediate physical presence a handheld electronic communications device while operating a motor vehicle, motorcycle, quadricycle or bicycle on a public highway within city limits.

It also prohibits driving when the driver’s view is obstructed by the number of passengers or load in the front seat.

There are several exceptions, including people reporting a health, fire, safety or police emergency as well as passengers in a motor vehicle. It also does not extend to drivers who are in a stationary vehicle, not in gear, in a parking lane or space.

Other exceptions include use of cell phones by governmental fire agencies, ambulances, law enforcement and emergency responders.

Hands-free devices are permitted. A complete copy is available at the city building.

The minimum fine for violating the ordinance is $85.

Ercanbrack also said in Montana, a report from the state found that distracted drivers are 3.6 times more likely to be involved in crashes resulting in injury or death compared to attentive drivers.

Ercanbrack said at a Nov. 18 meeting that citing people for distracted driving would be at the discretion of the officer.

“We aren’t trying to be some police state,” he said. “There are many studies showing the increase in distracted driving and our main goal would be to educate the public of the dangers of distracted driving.”

According to the Montana Department of Transportation, 12 cities, two counties and one tribal reservation have banned the use of cell phones while driving.

They include Columbia Falls, Whitefish, Missoula, Hamilton, Cut Bank, Shelby, Havre, Great Falls, Helena, Anaconda/Deer Lodge, Butte/Silver Bow, Bozeman, Billings, Baker and the Fort Peck Reservation.

Whitefish passed its ban in 2011. It prohibited the use of hand-held cell phones while driving. Columbia Falls passed its ordinance in 2012. 

According to the Montana Department of Transportation, sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds, the equivalent – at 55 mph - of driving the length of an entire football field, blind.

State officials said texting while driving is one of the most dangerous of all distracted driving activities, because it takes a driver’s hands off the wheel and eyes and mind off the road.