Tucson is poised to become the second city in Arizona to ban texting while driving.
Phoenix was the first.
The ordinance will be voted on Wednesday and we are told it will likely pass unanimously.
It will ban anyone in a moving vehicle from using a handheld wireless communications device to compose manually, send or read text, email or instant message.
The fine, if caught, will be no less than $100.
If an accident happens while texting, it's no less than $250.
The chief architect of the ordinance, #10966, is Ward VI council member Steve Kozachik.
"It's not safe," he says. "The data shows that texting is eight times more dangerous than a DUI situation."
Still, the penalties for violating the ordinance are civil not criminal.
"We're not calling you a criminal. We're not throwing you into the same category as rapists and murderers but this is definitely not safe," he says.
A public hearing last month gave the council some public input before the final version was written and approved by the city attorney.
It has a do pass recommendation from the city manager's office.
Enforcement is a key issue for some of the council members.
"I will vote for it but enforcement is still a concern," says Ward II representative Paul Cunningham.
The ordinance does not spell out how the ordinance will be enforced.
"It's like pornography, you know it when you see it," Kozachik says. "And we've all seen it."
Kozachik says since state lawmakers have not passed a statewide version, it's up to the local governments.
"We're inviting PAG, the RTA and the jurisdictions surrounding us to join us in this and let's send a message to the state legislature," he says.
The state has been working on a texting ban for several years without success.
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