State Law Prevents Duncan From Banning Cell Phone Use While Driving

By Rusty Surette, NEWS 9

DUNCAN, Oklahoma -- Plans to ban cell phone use behind the wheel in Duncan have come to a halt.

After delaying the decision once already, the Duncan City Council was ready to vote on a new ordinance that would have banned drivers from talking or texting on a cell phone. The city would have been the first in the state to do this, but right before the vote the council learned a law like that is illegal.

"There is a statute where the state has reserved the right to move first in this area with anything involving the use of a cell phone," said Michael Hale, Duncan City Council.

According to state statute Title 47, Section 15, no city or county can enact a law that dictates what drivers do with their cell phone.

"I think it's a good thing and we'll just have to wait to see what happens and hopefully something happens soon," said Duncan Mayor Gene Brown.

Opponents said the cell phone ban wasn't enforceable and is an invasion of privacy.

"It's amazing what some people would do. A nanny law is what I would call this where people are just trying to legislate common sense, and I don't think you can do that," said Floyd Winager, Duncan citizen.

Most people at Duncan's City Council meeting Tuesday said they were against the proposed ban, but council members said a majority of citizens in Duncan were in favor of it. They said their ordinance would have allowed drivers to still use hands-free cell phone devices while driving.

Several Oklahoma lawmakers have already promised to ban texting while driving when the legislature meets again in February.

More on News9.com:
- Duncan Considers Banning Cell Phone Use by Drivers
- Lawmakers Discuss Dangers of Texting While Driving
- National Efforts Push Lawmakers to Ban Texting While Driving