Hamilton cell phone ban becomes law in July

Opponents, including many ham radio operators, confronted the Hamilton city council on the cell phone ban this week(HAMILTON)- In a month Hamilton drivers will have to go “hands free” when calling behind the wheel, with the city council approving the latest cell phone ban.

But the panel also added an important amendment to keep from handcuffing one set of mobile communicators.

Tuesday night the Hamilton City Council was poised to become the next Montana city, and the smallest in the state, to ban cell phones while driving.

During the first hearing last month, no one showed up to comment. But this time around the proposal brought out an army of amateur radio operators, complaining the ban on “handheld electronic communication devices” could shut them down entirely.

The hams said that wasn’t just bad for their hobby, but could put them in a position of breaking the law if they were using their radios to help in emergencies. And they told the council their new equipment is designed to keep eyes on the road.

Amatuer radio operator John Mann waved one of his new microphones at the council, showing how it contained all the important controls for his radio. 

“The way that I’m operating this is less distractive than turning on the car radio and search for local radio stations, or AM and FM or whatever you want and punching buttons and looking down and all of that. I’m looking straight ahead.”

Council members would agree with the hams’ arguments, adding another exemption for licensed amateur radio operators in addition to people using two-way radios for work or cell phones to report emergencies or calling while parked off the road. Police are also exempt, although some speakers said the rule should apply to everyone and likely wouldn't cut the risk of accidents. 

Councilman Al Mitchell, who pushed for the ordinance, said the law is a measure of prevention. 

“That’s right. You know we haven’t had any accidents as far as we know. We haven’t had any deaths obviously. But by enacting this ordinance hopefully we will never have to say that we did have that problem.”

The ordinance takes effect on July 5^th. 

Hamilton latest Montana city to work on cell phone ban

(HAMILTON)- Hamilton leaders are pressing ahead with a proposed ban on using cell phones while driving.

The Hamilton city council has discussed a cell phone ban before, first looking at a possible ban a couple of years ago without taking action. Last winter the council’s Committee of the Whole raised the issue again, saying limiting drivers from using cell phones for safety is becoming more critical with more people using phones.

As a result of that initial meeting, the city has worked up its own draft ordinance, using rules approved in Whitefish, Bozeman and other Montana cities to limit the use of “handheld electronic devices while operating a motor vehicle.”

Tuesday night the city council will have the “first reading” of the proposed ban, with a public hearing during the council meeting that starts at 7 p.m.

Half-a-dozen cities have already approved cell phone bans. Missoula was among the first more than 2-years ago, although the city only bans texting while driving and backed off from a complete phone ban. Bozeman was the most recent, approving a cell phone ban in November. The legislature has debated the issue but never approved rules, making it okay for phones to be used outside city limits.

Hamilton warms to cell phone ban

(HAMILTON)- They've talked about the idea before. But this time around the Hamilton City Council sounds more receptive to following other Montana cities in banning the use of cell phones. 

Six Montana cities have already approved bans on cell phones. Some, like Missoula have merely banned texting. Others like Bozeman had banned cell use behind the wheel with some exemptions. Whitefish is among the cities that have limited all kinds of use. Montana doesn't have a cell phone rule on state and county roads. 

At a committee work session Tuesday night, Hamilton city council members discussed whether to follow suit.

Police Chief Ryan Oster told council members the city hasn’t seen a “rash of accidents” because of cell phone use behind the wheel. But he said the latest national statistics suggest 18% of the “distracted driving” fatality accidents nationwide 2-years ago did involve cell phones to some extent. 

 Councilman Al Mitchell believes Hamilton should go ahead and develop a ban, even if the city is only seeing “near misses”.

“And it sounds like there’s a federal government push that’s going to actually come down the pike anyway," Mitchell told his fellow council members. "So why not be progressive and instead of kicking and screaming and being Montanans about our individual rights… there is no right to own a cell phone and talk on it while you’re driving as far as I know.” 

Mitchell’s fellow council members generally agreed with his stance, although some weren’t sure how rules could be drafted that would cover today’s advanced phones with their multiplicity of features.

The council took no immediate action, but asked staff to do more research.