ORDINANCE NO. BL2004-177

An ordinance amending Chapter 12.68 of the Metropolitan Code of Laws to prohibit the use of mobile telephones while operating a moving bus or van transporting children.

WHEREAS, various studies, including a 1997 study published in the New England Journal of Medicine, indicate that drivers are four times more likely to be involved in a motor vehicle accident while using a mobile telephone; and

WHEREAS, the Metropolitan County Council hereby finds that the use of mobile telephones while operating a school bus or van transporting children poses a serious risk to the children of Nashville and Davidson County.

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

Section 1. That Chapter 12.68 of the Metropolitan Code of Laws shall be and the same is hereby amended by adding the following new Section 12.68.210:

“12.68.210 Use of mobile telephones while operating a school bus or other vehicle transporting children.

A. No person shall use a mobile telephone while operating a moving school bus or other bus or van transporting children with a seating capacity of fifteen (15) or more persons, except in the case of an emergency. For purposes of this section, an “emergency” shall mean that the operator of the bus or van needs to communicate with another to report that the vehicle is disabled, that medical attention or assistance is required for a passenger on the bus or van, that police intervention is necessary for the personal safety of a passenger or to otherwise ensure the safety of the passengers, or to report the presence of a disabled vehicle or an accident in the roadway. The foregoing provisions of this section shall not apply to a private individual transporting his/her family.”

Section 2. This Ordinance shall take effect from and after its enactment, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Jamie Isabel, Rip Ryman, Charlie Tygard, Chester Hughes, Vivian Wilhoite

LEGISLATIVE HISTORY
Introduced:	March 16, 2004
Passed First Reading:	March 16, 2004
Referred to:	Public Safety Committee
Passed Second Reading:	April 6, 2004
Passed Third Reading:	April 20, 2004
Approved:	April 21, 2004
By: