Friday, June 26, 2009

Movin' On....Textin', Talkin' & Drivin'...Not Dead

Well, some interesting things since my post of Tuesday 6/23/09.

Both the KC Star and the Shawnee Dispatch ran articles about the presentation.

These can be found at:
http://www.kansascity.com/318/story/1269349.html
http://www.shawneedispatch.com/news/2009/jun/24/cell-phone-standstill/

One thing they both said was that Councilmember Sandifer indicated that the inattentive driving ordinance could be used without a separate ordinance. Not necessarily true. When this matter came before the Public Works and Safety Committe in April 2008, and the same thing came up, Asst City Attorney Ellis Rainey is quoted in the minutes as follows:

"He thinks the one Police Captain Moser was looking for was the careless driving citation. He stated the inattentative driving citation referred to earlier, requires a collission with another vehicle due to driving error or neglignet inattention. Careless driving is the catch all, at least when he was a prosecutor that is what they used to write. He stated if someone is being a normal careless person in driving a car, that is what they used to be charged with and as far as he knows, he thinks that is still common"

Next, both articles indicated that the matter was not going any further. A request by one of the council members who wanted more info was submitted to staff and the item will be researched and that info presented to the Finance and Administrative Committee in October 2009.

Now, so there is no misunderstanding, this is what happens. Staff will research what has transpired in cities that have already passed their own ordinances. This could include, but not be limited to accident data, traffic citation data, and even income from citations issued.

This would not be a determination of an ordinance. The committee would then have various choices, to include sending it to the full council for more review and discussion, additional staff research etc etc. If it does go to the full council, then the council can decide if they want more info, if they want to drop it, if they want to monitor it, or if they want additional info regarding an ordinance. But, in no way would the agenda item in October be an ordinance item. Strictly a discussion and info exchange.

So, until October rolls around we'll just have to gather our own research and be prepared.

See ya folks at the October F & A Committee meeting.