By Susan D. Ament, Esq.

The City of Wilmington, Delaware has issued a substitution to Ordinance No. 09-041 regarding the use of mobile phones within its city limits. Following are some highlights of the new ordinance.

Whereas, the City Council deems it necessary and appropriate to enact provisions regarding the restricted use of a mobile telephone such that no person shall use a mobile telephone while operating a moving motor vehicle or while riding a bicycle unless the telephone or devise is equipped with a hands-free accessory.

The Council of the City of Wilmington hereby Ordains:
Section 1. Chapter 37 of the City Code is hereby amended by adding thereto a new § 37-196 to read as follows:
Section 37-196. Restrictions on use of a mobile telephone; civil offense.
(a) Definitions. For purposes of this section the following terms shall be applicable.
(1) “Hands-free accessory” means an attachment, add-on, built-in feature, or addition to a mobile telephone.
(2) “Mobile telephone” means a cellular, analog, wireless or digital telephone capable of sending or receiving telephone messages without an access line for service.
(3) “Use” means talking, placing, or receiving a call, or attempting to place or receive a call or texting or attempting to send a text, or email on a mobile telephone or other electronic devices.
(b) Restricted use of mobile telephone
(1) No person shall use a mobile telephone while operating a moving motor vehicle or while riding a bicycle in the City of Wilmington unless the telephone or devise is equipped with a hands-free accessory.
(2) The provisions of this section shall not apply to the following:
a. Emergency use of a mobile telephone, including calls to 911, a hospital, an ambulance service provider, a fire department, a law enforcement agency, or a first-aid squad; and
b. Use of a mobile telephone by law enforcement and emergency personnel or by a driver of an authorized emergency vehicle, acting within the scope of official duties.
(c) Enforcement; fine and penalties.
(1) A violation of the provisions of this section shall constitute a civil offense with a penalty of $50, payable to the City of Wilmington Finance Department, Revenue Division.
Section 2. Effective date. This Substitute Ordinance shall be deemed effective on January 1, 2010.

Susan D’Alonzo Ament is a partner with Morris James LLP and has practiced for 25 years representing personal injury victims. Over the years, Mrs. Ament has found that some women don’t understand the crucial need to have adequate automobile insurance coverage in the event of a serious accident. Susan Ament educates women on these needs every day in her practice and in seminars that she presents throughout the year.
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