LEO question

[huntinfool]

I have a question about the cell phone use prohibited in a school zone. I can not find the actual law. I have found several news reports online that state what you can and can not do. But the real question is can you not use your cell phone in a school zone 24/7 or only when the school zone is in effect, ie. when the lights are blinking?

One of the news crews said that if you get a call that you need to take then pull off the road and answer your phone. I have heard of people getting tickets for being in their vehicle's while it was running in park with out a seatbelt and getting a ticket for no seatbelt. Because the vehicle is running they are operating the vehicle. So would this be true of the school zone/cell phone rule?

I got a call I needed to take just as I was entering a school zone, but the lights were not blinking. I was not sure what to do. I did not want to break the law, but I can not get any one to really say this is what is right or wrong.

Everyone has an opinion, but what is the law?

Thanks in advince.

[Bullydog]

What city was this in? The City you were driving in has to enact an ordinace and put up the proper sinage as outlined by the state law that went into effect on Sept 1, 2009.

If this was in Katy..I could not find it in thier ordinace. You may just need to call Katy PD and get a clarification on thier enforcement of the law.

Here is the State Law..

Sec. 545.425. USE OF WIRELESS COMMUNICATION DEVICE; OFFENSE.

In this section(1) "Hands-free device" means speakerphone capability or a telephone attachment or other piece of equipment, regardless of whether permanently installed in the motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands
(2) Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 U.S.C. Section 332(b)
Except as provided by Subsection (c), an operator may not use a wireless communication device while operating a motor vehicle within a school crossing zone, as defined by Section 541.302, Transportation Code, unless(1) the vehicle is stopped or(2) the wireless communication device is used with a hands-free device

A municipality, county, or other political subdivision that enforces this section shall post a sign that complies with the standards described by this subsection at the entrance to each school crossing zone in the municipality, county, or other political subdivision[/B].

The department shall adopt standards that(1) [B]allow for a sign required to be posted under this subsection to be attached to an existing sign at a minimal cost and require that a sign required to be posted under this subsection inform an operator that the use of a wireless communication device is prohibited in the school crossing zoneand(B)the operator is subject to a fine if the operator uses a wireless communication device in the school crossing zone(c)

It is an affirmative defense to prosecution of an offense under this section that(1) the wireless communication device was used to make an emergency call to(A) an emergency response service, including a rescue, emergency medical, or hazardous material response service;(B) a hospital;(C) a fire department(D) a health clinic(E) a medical doctor's office(F) an individual to administer first aid treatment or(G) a police department; or(2) a sign required by Subsection (b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone(e) f) This section preempts all local ordinances, rules, or regulations that are inconsistent with specific provisions of this section adopted by a political subdivision of this state relating to the use of a wireless communication device by the operator of a motor vehicle.

[huntinfool]

Katy and in Rosenberg. Signs are in place. I just do not know if it is anytime I go through the school zone or if it only in effect when the lights are blinking.

[Shane]

I assume that it's only when the lights are blinking, but I don't know for sure.

[Bilbo]

From what I have heard and read, it is ONLY during the time the lights are blinking, and unless a sign is posted they cannot write a ticket for it from what I've heard. Still not worth it to me to risk hitting a little one.

[Bullydog]

I assume that it's only when the lights are blinking, but I don't know for sure.

Its is ONLY when the school zone is in effect. Keep in mind, in most cities if school is in session and the lights are not blinking on the school zone. Its still a school zone. Those lights go out from time to time, doesnt mean the zone is not in effect. It would be a defense to prosecution if cited, but you could still be cited.

[30-30]

Its is ONLY when the school zone is in effect. Keep in mind, in most cities if school is in session and the lights are not blinking on the school zone. Its still a school zone. Those lights go out from time to time, doesnt mean the zone is not in effect. It would be a defense to prosecution if cited, but you could still be cited.

+1

At my old high school, the lights were broken for the better part of the school year and people still got tickets. Go by the times/rules on the sign, not just the light.

[Shane]

Is it when school is in session, or just in the morning and again in the afternoon when the kids are coming/going (when the lights blink)? The lights around me work, but they only blink when people are dropping off and picking up kids. The signs list the times of day that the lower speed limit for the school zone applies - not all day.

[Bweger]

I dont take a chance. I wont use my cell phone anytime I am in a school zone.

[Bullydog]

Is it when school is in session, or just in the morning and again in the afternoon when the kids are coming/going (when the lights blink)? The lights around me work, but they only blink when people are dropping off and picking up kids. The signs list the times of day that the lower speed limit for the school zone applies - not all day.

Not all day, just the TIMES posted on the sign.

[huntinfool]

Its is ONLY when the school zone is in effect. Keep in mind, in most cities if school is in session and the lights are not blinking on the school zone. Its still a school zone. Those lights go out from time to time, doesnt mean the zone is not in effect. It would be a defense to prosecution if cited, but you could still be cited.

What if there are no times posted? What if there is only a sign that says school zone while lights are flashing. But there are no times posted?

[Bullydog]

What if there are no times posted? What if there is only a sign that says school zone while lights are flashing. But there are no times posted?

Then it would only be during the times the lights were activated. Again, sinage is the key for enforcement. You cant be cited for what it does not say.

[huntinfool]

Thanks for the info to everyone. I have been afraid to answer my phone any time I am in the school zone. My wife works at the school and I am there alot and I just never know.

[Artos]

i remember hillary got pulled over on a sunday when this law first came out...she called his bluff & did not get a ticket

[huntinfool]

good to know.