Chicago's City Council recently passed a new ordinance that bans the use of hand-held cell phones while bicycling. The new rule brings cycling cell phone prohibitions in line with driving cell phone laws and is intended to improve road safety for all road users in the city.
The ordinance bans texting and other hand-held cell phone use by cyclists. There is a $20 fine for the first offense with fines increasing for subsequent offenses, up to $100 for three or more offenses. If a cyclist is using a hand-held cell phone at the time of a Chicago bike collision accident, he or she can be fined $500.
Though lawmakers hope that the ordinance will deter cyclists from using their hand-held cell phones and thus improve road safety, the distracted driving penalties for cyclists are much lower than the state of Illinois' distracted driving penalties, for which there is a minimum fine of $75. However, the ordinance does go one step further than the state distracted driving laws in banning any use of all hand-held use for cyclists; most drivers are still allowed to use their phones for making calls.
The new ordinance and existing distracted driving laws reflect the growing need for distracted operating legislation across the country. According to the National Highway Traffic Safety Administration (NHTSA), in 2009 one-fifth of all injury-causing crashes across the country involved a distracted driver and 16 percent of fatal crashes involved a distracted driver. One study found that a driver texting while driving is 23 times more likely to crash than one who stays focused on the road.
Though this type of data is not presently available for cyclists, the NHTSA reported that in 2008, there were over 1,000 cyclist fatalities in Illinois alone, and almost 40,000 nationwide. Such high numbers call for more research on cyclist safety and laws that better protect America's cyclists.
Illinois Distracted Driving Laws Now Affect Those on Two, Four or More Wheels
Illinois' distracted driving laws are focused primarily on eliminating texting while driving, which is a primary offense for all drivers. A primary offense means that law enforcement can pull over a driver for violating the ban itself, whether or not the driver is breaking any other traffic law.
Some drivers are completely prohibited from using cellular devices at all - both hand-held and hands-free - while driving, including novice drivers and bus drivers. It is also illegal for any driver to use a cell phone in a school or construction zone. Preventing distracted driving and cell phone-related accidents, including texting-while-driving accidents, remains the primary purpose of car and now bicycle cell phone regulation.
Chicago's new ban on texting and hand-held cell phone use for cyclists will potentially reduce collisions and help keep Chicago safe for all road users. If you or a loved one have been injured by a distracted driver or cyclist, please contact an experienced personal injury attorney.
