Miami Dade County the first to past the law..........

[big-daddy]

Miami-Dade County has a new ordinance (effective August 1st) forbidding using a cellular phone without a hands-free device when the car is in motion. I have been told that the ticket for not using a hands-free costs $285.00, and it goes up to $570.00 if the offense is in a construction zone. Detail of new ordinance is below.

__________________________________________________________________________________

Sec. 30-421 (3) (a). Use of cellular telephones while driving.

.

(a)   No person shall use a cellular telephone while operating a motor vehicle on any public street or highway within Miami-Dade County while the motor vehicle is in motion, unless such cellular telephone is used with a hands-free device.

[KAW3604x4]

October 1st, is when it becomes in affect here in Highlands/Polk Counties. That's kind of steep, but if it saves lives...........

[jrpro130]

I've been waiting a long time for that! That is so awesome!

[LINK500]

What???Where did you find this??? I live in Miami-Dade County and did not hear of this.

[Justbilly]

If it saves lives great!

If it makes people shut the hell up and pay attention to their frickin surroundings and not wait 20 mins to cross an intersection cause they cant focus cause they are blah blah blah away on the frickin phone and traffic goes smoother and I can get home sooner after a long day of frickin work.  I will be happy  

[big-daddy]

What???Where did you find this??? I live in Miami-Dade County and did not hear of this.

I work with local, state and Federal governments


Sorry ladies.........But the next thing should be address is the applying makeup in traffic!

[ScooterB]

Miami-Dade County has a new ordinance (effective August 1st) forbidding using a cellular phone without a hands-free device when the car is in motion. I have been told that the ticket for not using a hands-free costs $285.00, and it goes up to $570.00 if the offense is in a construction zone. Detail of new ordinance is below.

__________________________________________________________________________________

Sec. 30-421 (3) (a). Use of cellular telephones while driving.

.

(a)   No person shall use a cellular telephone while operating a motor vehicle on any public street or highway within Miami-Dade County while the motor vehicle is in motion, unless such cellular telephone is used with a hands-free device.

I guess business will be picking up for you Ricky

[big-daddy]

Website special Only! H500 Motorola bluetooth unit for $49.01

[big-daddy]

Miami-Dade County has a new ordinance (effective August 1st) forbidding using a cellular phone without a hands-free device when the car is in motion. I have been told that the ticket for not using a hands-free costs $285.00, and it goes up to $570.00 if the offense is in a construction zone. Detail of new ordinance is below.

__________________________________________________________________________________

Sec. 30-421 (3) (a). Use of cellular telephones while driving.

.

(a)   No person shall use a cellular telephone while operating a motor vehicle on any public street or highway within Miami-Dade County while the motor vehicle is in motion, unless such cellular telephone is used with a hands-free device.

I guess business will be picking up for you Ricky

 

[digginfool]

I could be wrong on this and I'll try to see if I can find it again, but it seems to me that Florida Statutes prohibit passing a law restricting cellular use unless it is applied state wide.  Does that ring a bell with anybody else?  I remember something about it from several years ago when anti-cell laws were trying to be imposed by counties and municipalities.

[ScooterB]

Website special Only! H500 Motorola bluetooth unit for $49.01

LMAO

[Da_Mtg_Man]

I've used an earpiece for 3 yrs now.  Now that I'm not holding the phone with one hand I can actually reply to texts and type on the laptop while driving with my knee. I love headsets, I get so much more done when I'm on the road.

Seriously though, I am SO much more aware of my surroundings since using an earpiece.

[budman]

I've used an earpiece for 3 yrs now.  Now that I'm not holding the phone with one hand I can actually reply to texts and type on the laptop while driving with my knee. I love headsets, I get so much more done when I'm on the road.

Seriously though, I am SO much more aware of my surroundings since using an earpiece.

Tell me that you are not one of those retards that are constantly talking loud on that thingy while among us electronically challenged folks...

[digginfool]

Okay, here it is, directly from the Florida Statutes:

316.0075  Operator use of commercial mobile radio services and electronic communications devices.--Regulation of operator or passenger use of commercial mobile radio services and other electronic communications devices in a motor vehicle is expressly preempted to the state.

History.--s. 2, ch. 2002-179.


What this says is that the State alone has authority to pass laws for the use of electronic communication devices by operators or passengers in a motor vehicle.  If Miami-Dade or Polk county has passed such ordinances, they violate this statute and are, therefore, null and void.  You might get a citation but in cannot be enforced and you will not be required to pay (although you may have to go to court to prove your position).

[BCConviber]

Nice try Bid D.... No increase in business for you.

http://www.nbc6.net/news/13882202/detail.html?subid=10101481

[big-daddy]

dang................Bart do you work for the FBI or what!

[buzzardman]

Hmmmmm,    Land of the free?     Lets skip to fifteen years from this new law where if any law enforcement officer sees a  person driving without both hands firmly on the wheel, you can get a ticket.  No more resting one arm on the console,  it's 10 and 2 or you get a $700 fine.  This law will be preceeded by the one that states you must be dressed with a collar shirt have your hair combed properly as to not distract the other drivers on the roadway.  Also, it will be against the law to go through any drive through with the intention of eating in the vehicle while it is moving.  That will be a big fine there I'm sure.   Then there will be the other law that will ban any and all music while driving.  That's right, no more car stereos.

Wow, I could see how all these really simple laws that although make some sense, sure will add up to make it feel like nobody is free any more.  Hmmmmmmmmm.

I'm just a rebel I guess. 

[mudnuri]

No, not a rebel, just a dreamer. You made up a scenerio that is apples to oranges to this new law. 
As bad as it sounds, there are some people who need regulation or they cause harm to others. They may not mean it, but some people just do not think.

On the flip side, I am on that dang phone all day. 

[JackL]

I guess next we will ban McDriving.

[NYRAPTOR]

they banned them in NY a long time ago. also in NY you can't drive a commercial vehicle on a parkway. for example the suncoast.  so what does my buddy do?? gets pulled over (on long island) on the southern state parkway while driving a commercial truck (gmc 2500 with snow plow) in the left lane going 80 mph with no seat belt and talking on his cell phone!!!! ha ha ha. here's the kicker, the cop that pulled him over was friends with a cop my buddy knew and let him go!!! that happens alot in NY. ok i'm done.

[Ida_Mann]

I heard that about NY, I had to drive through the state with my last job and my boss told me to get a handsfree kit,,,,I told him I had no use for it and he told me about the law so I put it on an expense report ;-)

I did however just get a bluetooth headset for my new phone and I love it,,,it's freakin weird to not even take the phone out of the holster and hit a button on the side of my head to answer it.

Id@

[JackL]

What???Where did you find this??? I live in Miami-Dade County and did not hear of this.

I work with local, state and Federal governments


Sorry ladies.........But the next thing should be address is the applying makeup in traffic!

LMAO, I just have to ask after seeing this:


E-Mail Rumor Says Cell Phone Hands-Free Device Is Law
UPDATED: 8:27 am EDT August 14, 2007


MIAMI -- A new e-mail was circulating Monday that sent some cell phone users and motorists into a panic.

Did the local, state or federal government get duped, or was it you personally?

[mikeE36]

slowing losing our freedoms one day at a time

[JackL]

slowing losing our freedoms one day at a time

They can NEVER take away your freedom to be gullible!!!

[big-daddy]

Ok, here want Sprint/Nextel send me.

http://www.municode.com/resources/gateway.asp?pid=10620&sid=9

keep hitting more till you get to section 30-421. here a copy of it.

Sec. 30-421. Use of cellular telephones while driving.
(1)   Scope of regulation; preemption of municipal regulation.  The provisions of this section shall apply in both the incorporated and unincorporated areas of Miami-Dade County, with the enforcement of this section in the unincorporated area being the responsibility of Miami-Dade County and in the incorporated area being the responsibility of the corresponding municipality. Municipal ordinances regulating the area covered by this section shall be preempted. 
(2)   Definitions.  For purposes of this section, the following definitions for terms used herein shall apply: 
(a)   Cellular telephone  means any device capable of sending or receiving voice telephone communications without an access line for service, including but not limited to analog, digital and wireless telephones. 
(b)   Use  means sending or receiving or attempting to send or receive a communication, listening, dialing, researching or talking on a cellular telephone. 
(c)   Hands-free device  means an internal device, attachment, add-on or addition to a cellular telephone or motor vehicle, whether or not permanently installed in the motor vehicle, that when used: 
(i)   Allows the operator of a motor vehicle to maintain both hands (or prosthetic device or aid in the case of a physically disabled person) on the applicable steering device; and
(ii)   Allows for surrounding sound to be heard by one or both ears.
(3)   Use of cellular telephones while driving without hands-free device prohibited; exception.   
(a)   No person shall use a cellular telephone while operating a motor vehicle on any public street or highway within Miami-Dade County while the motor vehicle is in motion, unless such cellular telephone is used with a hands-free device.
(b)   Notwithstanding, this section shall not prohibit use of a cellular telephone by:
(i)   Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such;
(ii)   A person who has reason to fear for his or her life or safety; or
(iii)   A person to report a fire, traffic accident where injuries are apparent, a serious road hazard, or to report a person who is driving in a reckless manner or who appears to be under the influence of alcohol or drugs.
(4)   Sale or rental of cellular telephones without written instructions on use while driving prohibited.  Any person who owns, conducts, operates or manages a retail establishment selling or renting cellular telephones shall provide written instructions to each purchaser or lessee of a cellular telephone about the safe use of a cellular telephone while driving, hands-free options that are available, and the applicability of this section. 
(5)   Vehicle rental without written instructions on use of cellular telephones while driving prohibited.  Any person who owns, conducts, operates or manages a retail establishment renting a vehicle shall provide written instructions to each lessee about the safe use of cellular telephones while driving, hands-free options that are available, and the applicability of this section. 
(6)   Penalty.  A violation of section 30-421 is a noncriminal traffic ordinance violation, punishable by a fine of two hundred and fifty dollars ($250.00) or successful completion of a driver improvement course. Notwithstanding, within the first thirty (30) days of the effective date of this section, only a verbal warning shall be given. 
(7)   Trust Fund.  There is hereby created the Miami-Dade County Cellular Telephone Trust Fund. Penalties received from violators of this section shall be placed in the trust fund. The Board of County Commissioners shall direct the expenditures of monies in the fund. Such expenditures shall be limited to expenses related to awareness of the dangers of cellular telephone use while driving.