Proposal to limit cellphone use during driving fails in Scottsdale

• Scottsdale Vice Mayor Guy Phillips is asking fellow council members to consider an ordinance that would limit the use of cell phones while driving.
• He did not specify if the ordinance would cover all cell phone use or just texting while driving.
• At a meeting Tuesday%2C the council will consider placing the item on a future agenda.

A proposal to limit cellphone use while driving in Scottsdale died in its tracks Tuesday.

The Scottsdale City Council narrowly declined a request to consider the matter, halting a future discussion on driving restrictions in the city, which could have included a ban on texting-while-driving.

Vice Mayor Guy Phillips had asked fellow council members to consider placing a proposed ordinance on a future agenda. The ordinance could have limited the use of "personal digital assistants," including cellphones and any electronic distractions, during driving, he said.

Mayor Jim Lane and Council members Suzanne Klapp, Linda Milhaven and Dennis Robbins voted against the request, which would have allowed for a future discussion and possible vote on an ordinance. The final vote was 4-3.

After the decision, council members left into a closed-door session and weren't immediately available for comment.

Phoenix and other cities have imposed bans on texting while driving. Efforts to impose a statewide ban on text-messaging while driving have failed.

Phillips said he was swayed by an e-mail from a concerned resident, who wondered why the city does not have restrictions on the use of electronic devices while in the car.

Scottsdale could have fashioned its ordinance after those in other cities, he said.

Because there is no state law, Scottsdale City Attorney Bruce Washburn said that if the city wanted to take action now, it would have to rely on other state laws that don't deal with electronic devices.

Whether those laws apply depend on the circumstances of each case, he said.

For example, "someone texting while driving might also weave between lanes or drive over the speed limit if the speed limit changed," he said.

"In any event, there is no reason why the city cannot consider adopting an ordinance specifically dealing with digital assistants, similar to those adopted by other Arizona cities," Washburn added.