The Kalispell City Council spoke adamantly against distracted driving but stopped short of giving police officers the power to pull over drivers using cellphones and other handheld devices within city limits.
The council voted 6-3 on Monday against a proposed ordinance that would have banned the use of handheld devices while driving in Kalispell. Councilors Jim Atkinson, Randy Kenyon and Wayne Saverud voted in favor of the new law, which was crafted under the guidance and recommendation of Kalispell Police Chief Roger Nasset.
“I think one of the missions of this council and this city is to promote public safety, and this is a public safety issue,” Kenyon said. “It will sadden me to see this council not step up and promote public safety.”
Kalispell is the largest remaining city in Montana without a law prohibiting cellphone use while driving. Whitefish, Columbia Falls, Missoula, Bozeman, Butte, Billings, Helena, Great Falls, Havre and Hamilton all have bans in place. Missoula recently tightened its ban with an exception for hands-free devices, similar to Kalispell’s proposed law.
Under the proposed law, police officers would have been able to pull over anyone seen using or holding an electronic communication device while driving a vehicle, motorcycle or bicycle. City law enforcement has reported an increasing number of distracted driving incidents involving the use of handheld devices, according to the proposed ordinance.
Opponents of the new law cited the vast number of ways that drivers can be distracted, whether it’s applying makeup or eating while trying to steer.
“We have reckless and careless driving laws,” Phil Guiffrida III said, adding, “This makes someone guilty before a traffic infraction takes place. I have concerns with a lack of consistency.”
When asked if the new law would put an undo burden on officers, Nasset said it would do just the opposite by providing law enforcement an official directive. The city’s careless and reckless driving laws do not include cellphone use, and an officer cannot pull over a driver until that person has swerved across lanes or broken another traffic law.
The council previously asked city staff to speak with legislators about a possible statewide ban or with county commissioners about a possible countywide ban. The prospect of a statewide ban seems dismal at this point, Nasset said. He added that at a recent meeting of police chiefs in Helena the topic was raised and a member of the state’s Department of Transportation said that if more cities were to enact bans, then that could spur the state into action. The county attorney’s office also said that it would be difficult to implement a countywide ban.
Councilor Bob Hafferman proposed an education campaign that would make residents aware of the dangers of distracted driving.
“I don’t think a new law is going to do a thing,” Hafferman said.
But Atkinson said the majority of people are already well aware that talking on the phone while driving is dangerous.
“Is a $100 fine going to be necessary? It might be,” Atkinson said.