Prohibited Unless Hands-Free

HB 55 amended the portion of the Transportation Code which made it illegal for the driver of a school bus to use a wireless communications device while the bus is moving.  The bill also made it illegal for anyone operating a motor vehicle to use a wireless communications in a school zone unless a hands-free device is used. 

The bill goes on, however, to require that:

 “A municipality, county, or other political subdivision that enforces this section shall post a sign that complies with the standards described by this subsection at the entrance to each school crossing zone in the municipality, county, or other political subdivision.”

And

  “It is an affirmative defense to prosecution of an offense under this section that: … a sign required by Subsection (b-1) was not posted at the entrance to the school crossing zone at the time of an offense committed in the school crossing zone.”

The apparent effect of these two statements is to make the prohibition unenforceable unless the appropriate signs are in place. In time it’s reasonable to expect that most of the signs would go up as no one is likely to be willing to be publically against it, but in some locales it may not happen anytime soon.

 The new language could have the odd impact of undoing some local ordinances as it expressly over rides all local laws and rules which may not involve such a sign. The bill also defines a number of exceptions to cover emergency services and amateur radio operators. The more explicit definition of a wireless communications device may not include some forms of radio communication that is used in school transportation leaving them to be covered by local policy.