Cell phone use in vehicle

A motorist splits his attention between his cellphone and the road while driving on East Broadway on Wednesday.

Plans for a regional approach to pass new laws to keep driver’s hands on the wheel rather than their cellphones may not be in the immediate future.

The Tucson City Council is expected to discuss Tuesday night making it illegal to use a cellphone without a hands-free accessory while driving. This comes on the heels of the town of Oro Valley passing a law last month doing the same.

The hope for some local politicians was a regional series of laws covering the greater Tucson area.

But Pima County and the town of Marana have no immediate plans on strengthening their existing laws aimed at distracted drivers.

County Sheriff Mark Napier said distracted driving is a huge public safety concern and expects his department will study whether to pursue stricter rules about using cellphones while driving in a few months. But it isn’t on his current agenda.

The county already bans texting while driving.

Napier said he is focused on addressing his department’s budget at the moment, which is more than $6 million in the red halfway through the fiscal year.

A spokeswoman for the town of Marana said it is not considering any changes to the town’s laws related to distracted driving.

Tucson Councilman Steve Kozachik, who along with Councilman Paul Cunningham pushed for the new regulations, said he is disappointed the newly-elected Napier isn’t making this issue more of a priority, saying it shouldn’t take months to bring forward a similar measure.

The new law already on the books in Oro Valley and the one proposed for Tucson go further than what is currently on the books, including the city’s ban on texting while driving or the state’s distracted-driving law.

Under the proposed Tucson law, anyone caught using a cellphone without a hands-free device while driving will get a $50 fine for the first offense, $100 for the second violation and $200 for the third violation.

The minimum fine for someone involved in a collision while using a cellphone will be $250.

The law, as written, would allow officers to pull someone over just for using a cellphone while driving — making it a primary offense.

The city’s law governing texting while driving is a secondary offense, meaning an officer needs to observe the driver committing another violation — for example, speeding — in order to pull them over and cite them for texting.

The county’s ban on driving while texting is a primary offense, meaning a deputy can pull a driver over specifically for texting.

Mayor Jonathan Rothschild said the proposed law could still be amended, which could include making the law a secondary offense.

Oro Valley officials say they are in a temporary educational phase, with officers explaining the new law to drivers caught with a cellphone in their hands rather than issuing tickets.


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Contact reporter Joe Ferguson at jferguson@tucson.com or 573-4197. On Twitter: @JoeFerguson