NO. 01-2019

A proposed ordinance to modify the Uniform Traffic Code Ordinance, Chapter 410, to add Rules related to Distracted Driving.

Because this would be a traffic regulation strictly applicable in the City of Battle Creek, if enacted we would need to post signs at the City's jurisdictional boundaries putting drivers on notice of this regulation. Greg Rickmar, the City Traffic Engineering Manager, has estimated we would need 30 signs. He indicates that would cover all trunk lines, arterials, and collectors entering Battle Creek, excluding Interstates and entrances from Springfield since there's no way to enter Springfield without first entering Battle Creek. It also includes signs at I-94 exit ramps.

The cost to fabricate the signs, and install them, which includes materials, poles and hardware, is estimated to be $160.74 per sign. The total cost is estimated to be $4,822.20. If the ordinance amendment is adopted, this would be paid from multiple G/L strings including the major and local streets budgets.

This $160.74 per sign cost breaks down to one hour per sign for two employees (cost $72.07 per sign); truck rental/equipment cost of $8.67 per sign; and $80.00 per sign for materials, post and hardware. 

The state of Michigan enacted a statute intended to deter distracted driving, which is MCL 257.602b. This statute prohibits texting while driving but it does not prohibit a driver from holding a phone in their hand and talking on it while driving. Two municipalities in the state of Michigan have adopted ordinances related to distracted driving. The City of Troy has adopted an ordinance with an expansive definition of "distracted driving," which could even include eating while driving. The City of Detroit has adopted an ordinance to prohibit the use of hand held cell phones while driving. 

Commissioner Faris compiled information in support of this ordinance. The following is the information which Commissioner Faris shared with City Commissioners:

"Distracted driving is now recognized, nationwide, as a serious public health threat. Although motor vehicle deaths have been declining nationally, a recent study by researchers at the University of Nebraska Medical Center found deaths of pedestrians and cyclists are increasing. From 2005 to 2010, the national number of cyclists killed by distracted drivers went from 56 to 73—a 30% increase. Driver inattention is the leading factor in most motor vehicle crashes and near-crashes, according to the National Highway Traffic Safety Administration and Virginia Tech Transportation Institute.  

"According to the Michigan State Police Criminal Justice Information Center in 2016, there were 12,788 crashes in Michigan involving distracted driving, resulting in 43 fatalities and 5,103 injuries. In 2016, cell phones were involved in 1,912 crashes in Michigan, which is 15 percent of all distracted driving involved crashes. Of the 1,912 crashes in Michigan involving cell phone use, 1,893 (99 percent) involved usage by a motor vehicle driver. 

"Michigan currently has a distracted driving law but it pertains only to text messages. The state law is hard to enforce because it is hard to prove that someone was texting, as opposed to (for example) surfing the internet or checking Facebook. Our proposed ordinance would address the broader variety of activities performed on 2-way devices, making it a more enforceable law. We believe that having an enforceable ordinance will lower the number of distracted driving accidents in Battle Creek."