Some have second thoughts on cellphone ban

Havre City Council Monday night gave preliminary approval to a ban on cellphone use while driving, but not before several council members indicated they were having second thoughts.

Councilman Andrew Brekke said several phone calls he received prompted him to change his vote on the issue. He joined council member Gerry Veis in voting against the proposal on first reading Monday night.

Councilman Bob Kaul said he voted to pass the measure with reluctance, but he wasn't sure how he will vote when final approval is on the table in two weeks.

And Councilwoman Janet Trethewey cast a reluctant yes vote when her name came up on the roll call.

Brekke said he received a number of calls from young people who feared that the legislation was aimed at them.

He said the young people feared that police would stop someone suspecting they were on a cellphone and then proceed to check for other violations.

"It got me thinking a little more about other issues and other distractions," Brekke said, "There are other distractions in a car, and others are just as dangerous."

Under the ordinance, using a cellphone while driving is a primary offense and a misdemeanor, which is punishable by a six-month jail sentence. Brekke questioned whether that was a bit excessive.

"I was quite surprised by the number of calls I received from young people," Kaul said.

While some said they favored the proposed ordinance, others felt it was targeted at them, Kaul said. He suggested making it a secondary offense, meaning officers couldn't stop motorists for using a cellphone, but could ticket them if they were stopped for another violation.

Councilwoman Pam Hillery successfully argued for an amendment that would delay implementation until Oct. 1, even if it is passed at the council's Monday, June 6, meeting.

That will give council committees time to prepare an "educational component," Hillery said

"I will have to change my habits," she said. "I use a cellphone while driving. I have even texted while driving."

Supporters of the measure were unmoved, but others were more emphatic that the ordinance was necessary.

"The practice (cellphone use) is unsafe, and we are trying to limit danger to the public," said Councilman Bob Kaftan.

Councilman Allen "Woody" Woodwick, who was injured in an accident caused by a cellphone user, said driving while talking on a phone is "blatantly dangerous."

A similar ordinance in Billings has seen cellphone use "decrease sharply," he said, and he quoted former Police Chief Jerry Nystrom as saying "if you are going to make this a secondary offense, don't bother with it."

"Would it be OK if I drove your children around while using a cellphone?" asked Woodwick, a Havre School District bus driver who hastened to add that he wouldn't use a cellphone while driving because it was unsafe and because it was against district policy.

Fire Chief Dave Sheppard opposed an exemption for police and fire officials.

"If it is unsafe for the public, it is unsafe for them," he said, because police and firefighters have other ways of communicating with dispatch and other officers.

People in the audience were also split on the idea.

Val Murri said he backed the plan and urged the council not to back down. He said that while driving to Great Falls, he was driven off the road by someone who he is certain was on a cellphone.

Rick Dow cited studies from the insurance industry-funded Highway Loss Data Institute which stated that cellphone bans had no affect on accident rates.

"I'm afraid we are closing in on our freedoms here," he said.