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City Cell Phone Driving Law

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  • City Cell Phone Driving Law

    Now that its going to be enforced, how long until the public starts taking pictures of cops using their cell phones while driving? Im sure that its going to be dropped in common pleas at the first appeal.
    I don't answer recruitment messages....

  • #2
    I believe its only to make money for the city. They waited all this time just to give out warnings for the first 30 days, why? However everyone in the hood drives around with the cell phone glued to the ear. They aren't going to pay the tickets. The only people that will pay the ticket will be the people that go to work every day and get caught on the cell phone while driving to work. Most people probably won't take a day off from work to fight a $75 ticket.

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    • #3
      One I believe that city has no authority to to create or enforce this ordnance. Below is taken from the MVC and it lists the authority of local government. It will be shot down in court just like the gun control ordinances that the mayor and city council passed. I will not enforce this ordnance because I believe it is illegal.


      Cross References. Section 6108 is referred to in section 8704 of Title 53 (Municipalities Generally).
      § 6109. Specific powers of department and local authorities.
      (a) Enumeration of police powers.--The provisions of this title shall not be deemed to prevent the department on State-designated highways and local authorities on streets or highways within their physical boundaries from the reasonable exercise of their police powers. The following are presumed to be reasonable exercises of police power:
      (1) Except as limited by subsection (h), regulating or prohibiting stopping, standing or parking.
      (2) Regulating traffic by means of police officers or official traffic-control devices.
      (3) Regulating or prohibiting processions or assemblages on highways.
      (4) Designating particular highways or roadways for use by traffic moving in one direction as authorized in section 3308 (relating to one-way roadways and rotary traffic islands).
      (5) Establishing speed limits for vehicles in public parks.
      (6) Designating any highway as a through highway or designating any intersection or junction of roadways as a stop or yield intersection or junction.
      (7) Prohibiting or restricting the use of highways at particular places or by particular classes of
      vehicles whenever the highway or portion of the highway may be seriously damaged by the use or the movement of the vehicles would constitute a safety hazard.
      (8) Regulating the operation of pedalcycles and requiring their registration and inspection, and the payment of a reasonable registration fee.
      (9) Regulating or prohibiting the turning of vehicles or specified types of vehicles as authorized in section 3331 (relating to required position and method of turning).
      (10) Altering or establishing speed limits as authorized in Subchapter F of Chapter 33 (relating to speed restrictions).
      (11) Enforcement of speed restrictions authorized under Subchapter F of Chapter 33, except that speed restrictions may be enforced by local police on a limited access or divided highway only if it is patrolled by the local police force under the terms of an agreement with the Pennsylvania State Police.
      (12) Designating no-passing zones as authorized in section 3307 (relating to no-passing zones).
      (13) Prohibiting or regulating the use of designated streets by any class or kind of traffic.
      (14) Establishing minimum speed limits as authorized in section 3364 (relating to minimum speed regulation).
      (15) Regulating and temporarily prohibiting traffic on streets closed or restricted for construction, maintenance or special events.
      (16) Prohibiting pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk.
      (17) Restricting pedestrian crossings at unmarked crosswalks.
      (18) Regulating persons propelling push carts.
      (19) Regulating persons upon skates, coasters, sleds and other toy vehicles.
      (20) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions.
      (21) Regulating the operation of streetcars, the passing of streetcars by other vehicles and the driving upon streetcar tracks by other vehicles.
      (22) Providing for and establishing procedures governing the removal and impounding of any vehicle parked on the highways or public property of the local authority in violation of any local ordinance adopted pursuant to the authority of this title or of any of the provisions of this title.
      (23) Adopting such other traffic regulations as are specifically authorized by this title.
      (b) Action by local authorities.--Action taken by local authorities under this section shall be:
      (1) by ordinance of the local governing body; or
      (2) by a commission or public official authorized to act on specified matters.

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      • #4
        Originally posted by Baysidegal View Post
        I believe its only to make money for the city.
        I agree. This city has never focused on cell phone usage behind the wheel. I mean it's never been an issue, now all the sudden they are gonna start enforcing it. It's a political thing in order to generate some cash.
        Last edited by casey4201; 01-31-2010, 06:20 PM.

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        • #5
          I bet the city council members are still gonna drive their city issued vehicles while talking on the phone. Our councilperson in this district does it. I see him all the time so I really don't know why they are making a big deal when they don't follow the laws themselves.

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