Tucson, others look at requiring hands-free phones while driving

It might be time to put a hands-free headset for your cellphone on your Christmas list.

The city of Tucson is partnering with Pima County, Oro Valley and other jurisdictions to move forward with a measure to make it a driving infraction to physically use a cellphone without a hands-free accessory.

The city and county now have texting-while-driving bans — although they differ on whether they are primary or secondary offenses.

Government leaders said the new measure would require drivers to use the hands-free phone devices while driving, instead of having the phone in their hands.

The measure would 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.

While still in the draft phase, the law could allow law enforcement officers to pull someone over just for using a cellphone while driving — in other words, making it a primary offense.

Currently, 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 is a primary offense, meaning a deputy can pull a driver over specifically for texting.

City Attorney Mike Rankin said the measure is unlikely to run afoul of the state legislators, as there is no statewide law similar to what the city and other municipalities are proposing.

The city of Tucson is under investigation by the Arizona attorney general, accused of violating a 2013 Arizona law that requires the sales of confiscated guns obtained by law enforcement agencies.

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Tucson Councilman Paul Cunningham described meeting a local resident two months ago who had spent 18 months recovering after being in an accident on his bike — nearly crippled by a driver who was using a cellphone while driving.

He admitted he was guilty of using a cellphone while driving, but now uses a hands-free device while driving.

“I am behind this because it is a right thing to do,” Cunningham said.

Councilman Steve Kozachik brought the issue forward, calling it the next step after passing a ban on texting while driving, in connection with lowering the speed limit for cars along bicycle lanes.

He said the city needed to act, as the state was unwilling to take up the issue. “I wish the state were taking the lead on this,” he said.

The issue, he said, is safety, and he was dismissive of any argument attempting to sideline the proposal.

However, not all members of the Tucson City Council are on board .

Councilman Richard Fimbres voted against having city staffers write up a proposal and work with other jurisdictions, asking a number of technical questions during a council discussion last week.

The goal is to have each local jurisdiction to pass the cellphone ban in the coming months and then have a period where police officers issue warnings to drivers before writing tickets.