Chapel Hill government just can’t take no for an answer.
Beyond the intrinsic question of whether it’s the government’s place to have such a regulation, Chapel Hill’s proposed ban on cellphone use while driving was rife with concerns. One of those concerns regarded whether this ban would be enforceable, to which the state’s assistant attorney general replied Nov. 2 with a clear answer: “no.” Because of this response, tonight should be the last time the Town Council considers this proposal.
In a letter outlining the reasoning, the Attorney General’s Office explains that Chapel Hill can’t enforce the ban because the state alone has intent to regulate cellphone use on the road. There is already a law in place prohibiting residents under 18 years of age and bus drivers from using their cellphones while driving. The letter further explains that the next statute, appropriately titled “Unlawful use of a mobile phone,” further proves the General Assembly’s intent.
Even if it’s within the town’s rights, the ban is flawed. Town roads and limits aren’t necessarily common knowledge, especially for tourists or a new student from another state.
Chapel Hill can’t jump the gun and pass a ban by itself. For now, the town should leave this up to the General Assembly.
