ORDINANCE NO. BL2000-245

An ordinance amending Section 12.68.170 and Section 12.68.180 of the Metropolitan Code by creating a presumption of guilt of the offense of careless driving or reckless driving when using a cellular telephone when committing various traffic offenses.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Section No. 12.68.170 A. of the Metropolitan Code shall be and the same is hereby amended by adding the following provisions to the end of such section:

"Any person who commits a violation of any provision of Chapters 12.12, 12.16, 12.20, 12.24, 12.28, 12.52, 12.56, 12.64 or 12.68 of Title 12 of the Metropolitan Code while simultaneously using a hand-held cellular telephone shall be presumed not to be driving in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic and use of these streets and private areas, and all other attendant circumstances, so as not to endanger the life, limb or property of any person and the burden of proof shall be upon the driver to establish that they were not driving in such a manner. This section shall not be interpreted as authorizing any law enforcement agency to stop a person for only using a cellular telephone".

Section 2. Section No. 12.68.180 A. of the Metropolitan Code shall be and the same is hereby amended by adding the following provisions to the end of such section:

"Any person who is involved in a traffic accident and who concurrently commits a violation of any provision of Chapters 12.12, 12.16, 12.20, 12.24, 12.28, 12.52, 12.56, 12.64 or 12.68 of Title 12 of the Metropolitan Code while simultaneously using a hand-held cellular telephone shall be presumed to be driving in a wilful and wanton disregard for the safety of persons or property and the burden of proof shall be upon the driver to establish that they were not driving with such disregard. This section shall not be interpreted as authorizing any law enforcement agency to stop a person for only using a cellular telephone".

Section 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: David Briley