MARBLEHEAD — The selectmen have filed a warrant article that would make it illegal to text while driving in the town. The move comes in the wake of a series of traffic accidents.
"We've had a number of complaints about people driving and talking on their cell phones and texting," Selectman Harry Christensen said. "There have been a number of accidents."
The death of 15-year-old Allie Castner in an accident last August has created a heightened awareness of the perils of driving while distracted, he said. There's been no evidence presented, however, that texting or inattention was involved in that crash.
Those violating the proposed new bylaw would face a fine of $35 for the first offense, $75 for the second and $150 for the third. Marblehead joins Boston as one of the first Massachusetts communities considering such a ban, according to the selectmen.
The measure, crafted by Assistant Town Counsel Lisa Mead, will go before Town Meeting in the spring for an up or down vote. Due to some peculiarities of state law, such a measure cannot restrict cell phone use, according to an opinion by Mead.
State Rep. Lori Ehrlich, D-Marblehead, applauded the idea, although she is withholding judgment on the article until she can read it. A similar measure is under discussion on Beacon Hill, she said.
"I fully support doing something about this," Ehrlich said. "It's very important to many legislators." Statewide restrictions on both texting and cell phone use could limit talkers to "hands-free" technology.
On the other hand, Ehrlich said, "Some people don't like being told what to do in their cars."
The Marblehead article will also present an enforcement problem, Ehrlich said, because so few municipalities ban texting.
"It can't work," Greg Spanos said of the article. Nonetheless, he plans to vote for it. "It certainly couldn't hurt."
A friend of the Castner family who has become a strong advocate for safer streets, Spanos cites three additional accidents since the August fatality including two pedestrians struck by cars in the vicinity of Pleasant Street and a bicyclist hit on West Shore Drive. None resulted in fatalities, and Spanos conceded that he can't say texting or cell phones were involved.
"In a town as congested as Marblehead, the car is really a guest," Spanos said. He praised the efforts of the selectmen but pointed to the difficulty of determining what is happening in a moving car. "Somebody could be fumbling through their wallet, and you're going to pull them over?"
"I'm all for anything that causes people to pay attention while driving," Marblehead police Chief Robert Picariello said. He also cautioned that it is difficult for police to see exactly what people are doing in their vehicles.
It is sometimes possible, however, for authorities to determine electronic activity in the aftermath of an accident. Christensen, a lawyer, has dealt with just such a situation.
"I represent a young lady who was badly hurt in a pedestrian accident three years ago," he said. By checking phone records, police were able to determine that the offending driver was texting at the time.
The proposed article would hold at fault "anyone who engages in the operation of a motor vehicle while distracted." It defines distraction as "typing or reading from a wireless communication device (also known as 'texting' or 'e-mailing') ... other than making a call on cellular telephone."
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