HUNTSVILLE, Ala. — So often many of us are guilty of looking down at our phones for a quick second while driving, and that quick second of distraction can become deadly.
The city of Huntsville is trying to mitigate distracted driving-related accidents through the new hands-free ordinance that will prohibit motorists from holding any wireless telecommunications device while operating a vehicle.
This officially takes effect January 1, 2024.
According to Huntsville Hospital ER Medical Director Dan Neeuberger, MD, "at Huntsville Hospital alone, we take care of over 2000 trauma activations per year, and that's not including minor accidents. The consequences of distracted driving extend far beyond the immediate collision."
The ordinance, sponsored by Huntsville City Council President David Little with assistance from the Huntsville Police Department (HPD), was voted into law by City Council on Oct. 12, 2023. The goal of the legislation is to enable law enforcement to treat a handheld wireless communication device violation as a primary instead of a secondary offense.
Under the City’s existing no-text ordinance, officers need another reason, such as failing to signal or wear a seatbelt, to stop a driver and issue a citation for distracted driving. Not only will the new ordinance strengthen Huntsville’s existing texting while driving law, but it will also be easier for HPD to enforce.
A wireless telecommunications device includes but is not limited to smartphones, cell phones, electronic readers or tablets, laptops or netbooks, and GPS devices.
Under the new law, it is illegal to do any of the following while operating a motor vehicle:
- Use a wireless telecommunications device to write, send, read or otherwise engage in any text-based communication;
- Watch, record or capture photo or video;
- Engage in voice-based communication while holding a wireless telecommunications device; or
- Physically hold or otherwise support a wireless telecommunications device with any part of their body.
What to know
In the first six months of 2024, the City will join HPD, Huntsville Fire & Rescue, HEMSI and Huntsville Hospital to educate the community about the ordinance without issuing citations. First responders will hand out prepared materials with information on the law to drivers during that time.
When the six-month grace period is over, drivers who violate the hands-free law may receive a citation issued by a Huntsville Police officer. The following fines will apply during a 24-month period:
- $50 for a first conviction;
- $100 for a second conviction; and
- $150 for a third conviction and/or community service.
Certain individuals are exempt from the ordinance, including emergency services professionals, those dialing or texting 911 to report an emergency or seek help, individuals who are using wireless telecommunication devices while legally parked, physicians responding to an emergency medical situation and more.