The recent ordinance banning all cellphone use while driving in Chapel Hill has received a lot of criticism since its passage, and rightly so.
Questions about its enforceability as a town ordinance make it clear that there are still many issues to address.
On which roads will it apply? How will police enforce it? And will it actually affect behavior?
But in recognizing these challenges, we can also see that the law is well-intentioned: The Town Council’s main motivation is the safety of residents.
If a few more residents think twice about dialing and driving as a result of this ban, then the bill may make Chapel Hill a safer place.
As the ordinance stands, talking on a cellphone while driving on roads under town jurisdiction is banned, but it is only a secondary offense. Police can’t pull you over just for using your phone, but if they catch you talking while speeding, you’ll be fined an additional $25.
There’s a significant enforcement issue: without a warrant, police can only check a cellphone to confirm a violation with the owner’s consent, a hindrance which has stymied enforcement of a state-wide ban against cellphone use by drivers under the age of 18.
And as if that were not enough, there is also a question of legality. Usually, a ban like this would be passed as a state law, not a local ordinance, and some contend that the ordinance would not survive a challenge in state court.
Unsurprisingly, people wonder how big of an impact the law will actually have on drivers. Many see the law as pointless and unenforceable.