Prohibiting Cell Phone Use By City Employees While Operating A Motor Vehicle

 

RESPONSIBLE CITY AGENCY:             All City Departments and Divisions

 

KEY WORDS:                                                   Cellular Phone, Motor Vehicle, Cell Phone

 

Preface

 

According to a published study by University of Utah psychologists, motorists are more likely to get into accidents when they use cell phones because their processing ability is severely hindered.

 

"Inattention blindness" can slow a driver's reaction by up to 30 percent, and motorists who talk on cell phones are more impaired than drunken drivers with blood alcohol levels exceeding 0.08

 

Several studies show that when the visual and auditory functions are performing competing tasks, a person responds more slowly to immediate stimuli such as children running into the road or a driver ahead unexpectedly braking in sudden reaction to changing traffic conditions.

Cellular phone conversations impair driving performance by diminishing a driver’s attention from the visual scene, causing a severe and dangerous form of inattention blindness.

 

The administration has determined that, in order to better afford a safe environment for Salt Lake City residents, certain restrictions on the use of cellular phones by employees of Salt Lake City Corporation be adopted.  The purpose of this Executive Order, therefore, is to provide the specific instructions to those employees impacted by, and the details thereof, of the aforesaid restrictions on cell phone use.

 

Therefore I enact this Executive Order:

 

1. General

 

1.1        This Executive Order applies to the Mayor, City employees in the Mayor’s Office and those City Departments under the direction of the Mayor.

 

1.2        This Executive Order applies to “cellular devices” which are defined as cellular phones, cellular phones with hands free devices, and other two way communication devices.

 

1.3        Cellular device usage is prohibited while an employee is: a) operating a City owned vehicle, b) operating a privately owned vehicle while on City business, or c) using a City-owned or City-provided cellular device while operating any motor vehicle regardless of whether the vehicle is City-owned and regardless of whether the use is personal or City business.

 

1.4        The prohibition extends to any and all types of moving motor vehicles, including passenger automobiles, trucks, maintenance vehicles and construction equipment.

 

1.5        Employees who need to make business calls while driving Or personal calls while driving a City-owned vehicle or by using a City-owned cellular device shall locate a lawfully designated area to park, stop the vehicle, and make the telephone call.

 

1.6        Employees shall not accept calls while operating a City-owned motor vehicle or while in operation of any motor vehicle using City-owned or provided cellular device.

 

1.7        If an employee witnesses or is involved in an emergency while driving, and it is not reasonably possible or safe to pull over and stop the vehicle, a cell phone or other two way communication device may be used to report the incident. As used here, an emergency includes a current or reasonably imminent danger of injury or death, significant property damage, a fire, an automobile accident, or the commission of a crime.

 

            1.8        Violation of this order will subject the employee to disciplinary action

 

2. Exemptions

 

2.1        Other exceptions to this Executive Order for Individual division or department policies and procedures will be approved only in circumstances where there is a legitimate public safety interest or where there is a significant need.

 

2.2        This Executive Order does not apply to sworn officers in the following departments: Salt Lake City Police Department, Salt Lake City Fire Department, Salt Lake City International Airport Police Department, and Salt Lake City International Airport Fire Department.

 

2.3        This Executive Order does not apply to Salt Lake City Department of Airports (SLCDA) employees for use of 2-way radios while operating heavy equipment or security vehicles on the Airfield Operations Area (AOA) to communicate regarding maintenance, operations, or aircraft activity. This exemption is for the use of hand-held communication equipment, including 2-way radios, for maintenance and operations employees of SLCDA to allow them to perform their work assignments as required.

 

2.4        Other exceptions to this Executive Order only apply as approved by the Mayor.

 

CURRENT REFERENCES:         S.L.C.C. § 2.04.010

                                                Utah Code Ann. § 10-3-1219(2)(f)

 

EFFECTIVE DATE OF ORIGINAL ORDER: April 23, 2007

 

EFFECTIVE DATE OF CURRENT REVISION (Date signed by Mayor): May 21, 2007