City of El Paso Cell Phone Use Ordinance
The City of El Paso has had an ordinance in effect regarding cell phone use while driving since 2010. The law begins:
“An operator of a motor vehicle may not use a wireless communication device while operating a motor vehicle.”
Thus, the ordinance appears to prohibit ALL cell phone use while driving and not just texting. The prohibition does not apply when a vehicle is stopped or if the device is affixed to the vehicle and used for navigation. If a person is cited for violating the law, they can argue in their defense that they were using a cell phone to obtain emergency assistance, had a reasonable belief someone’s safety was in jeopardy, or that the device was being used hands-free.
The ordinance is subordinate to the Texas Transportation Code and does not apply to the extent the provisions conflict with state law. So, what does this mean for drivers who find themselves in El Paso and want or need to use their cell phones? It means that anyone driving the roads within the city’s 250-plus square miles should avoid talking on a hand-held cell phone unless it is with emergency response personnel.
Cell Phone Use While Driving in Texas
In 2017, the Texas Legislature made it a traffic violation to use a “wireless communication device” for “electronic messaging” while driving a motor vehicle. The law is an attempt to force people to pay more attention to driving while driving and reduce the number of accidents caused by drivers who become distracted by cell phone use.
The Texas Transportation Code prohibits the operator of a motor vehicle from using a cell phone to “read, write, or send” a text while the vehicle is moving. However, any of the following circumstances are recognized defenses to a texting while driving charge.
- The vehicle was stopped.
- The device was being used hands-free.
- The device was being used as part of a navigation system.
- The device was being used to activate a music function.
- The device was used to report illegal activity, get help in an emergency, or obtain traffic information.
Texting while driving is a misdemeanor offense and is punishable by a fine. The amount of the fine increases with two or more offenses. A more serious charge, with a much larger fine and jail time, may be warranted if someone dies or is seriously injured as a result of the offense.
Texas Allows Some Exceptions
The state’s laws do not ban all use of cell phones while driving except in limited circumstances. Even then, it’s still okay to use a cell phone to contact emergency assistance. Drivers under 18 are not allowed to use cell phones for any purpose except in an emergency.
A school bus driver or other bus driver with a minor passenger on board may not use a cell phone (while the bus is moving) except to summon police or medical assistance. Also, you can only use hands-free cell phones while driving in a school crossing zone or on school property.
