HERALD DEMOCRAT
School starts Monday for most students in the area, and those driving them to school three days must quickly begin practicing adherence to a new law defining the use of cell phones in school zones.
Texas House Bill 55 makes it illegal to use a "wireless communication device" in a school zone, but does authorize several provisions allowing drivers to talk on cell phones.
The first requirement for enforcement of this new law is that a sign must be posted at the entrance to each school crossing zone, attached to an existing sign, noting that cell phones are prohibited and violators can be fined.
In that regard, it will be a "positive defense to prosecution" if the driver is making an emergency call or that the required signage was not posted. The law does not apply to anyone driving an "authorized emergency vehicle ... while acting in an official capacity or to Federal Communications Commission licensed operators who are operating a radio frequency device.
The exceptions are that a person can pick up and talk on his cell phone when his car is stopped and its gear put in "Park," said Sherman police Sgt. Bruce Dawsey; or if a driver is talking with the use of a hands-free device. It goes back to the old safe-driving practice, keep both hands on the steering wheel and attention on your surroundings.
Denison City Council passed its ordinance months ago, based on this law, and so it is already in place. The Sherman City Council adopted a similarly-worded ordinance to go into effect Thursday, coinciding with the state's start date.
Dawsey said the law applies only during school zone hours, which are posted on the entrance signs. He added that those school zone hours can differ among the various schools in the district, and the signs specify the hours in effect for each particular location.
"Some are in effect all day, others during certain hours," Dawsey said.
House Bill 55 also states that this state law preempts all local ordinances, rules, or regulations which are inconsistent with specific provisions of HB 55.
The law doesn't force cities to jump on the bandwagon. But those that plan to enforce the law must put up the required signs allowing drivers to know the rules.
Dawsey said Sherman police will be actively enforcing this new law and continuing enforcement of speed limits and other driving laws in effect.
Allstate Insurance recently released the results of a survey taken across Texas regarding the average cost of a speeding ticket for school-zone speeders. Sherman, which it said participated in the study, reported an average fine of $193 for drivers topping the speed limit by 10 miles per hour. That amount nears the statewide average of $209.
There is no grace period for drivers out of compliance with this or other school-zone laws, according to Dawsey.