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One month with new cell phone driving law, Roaring Fork Valley officers say change will take time

The new state law, which prohibits handling phones while on the road, went into effect Jan. 1

The statewide cell phone law banning the handling of phones while driving went into effect Jan. 1.
Skyler Stark-Ragsdale/The Aspen Times

Local law enforcement focused on education rather than punishment one month into the new statewide cell phone driving ban. The law, which began Jan. 1, makes it illegal to handle a cell phone while operating a vehicle. 

“We try to lead with education and help the public understand what the expectations are,” Aspen Assistant Police Chief Bill Linn said, “versus immediately responding with tickets.”

The new law was instituted to reduce distracted driving, as the risk of crashing increases by an estimated two to six times when drivers use cell phones, according to the Colorado Department of Transportation. Seventy-seven percent of Colorado drivers admit to using phones while on the road, according to the transportation department.



“I do think it is changing behavior and is going to change behavior,” Linn said of the new law. “But officers are saying … they’re still seeing a lot of people out there with phones in their hands.”

The valley also has the added challenge of hosting visitors from states with different cell phone driving laws, he said.




Though Aspen police have pulled people over for violations relating to the new law, he said they will continue to focus on education rather than punishment to make the public aware of the new law. They have yet to assign a ticket.

But breaking the law could warrant a $75 fine and a two-point license deduction. 

“It’s just to enhance safety on the roads,” Pitkin County Sheriff Michael Buglione said of the law. “Personally, I can’t believe it took Colorado this long to do it.”

Drivers have the chance to dismiss the charge if they provide proof of purchasing a hands-free accessory. Hands-free devices include bluetooth headsets, dashboard mountains, CarPlay, Android auto, car speaker systems, and more, according to the transportation department. 

Repeat offenders can expect more points off their licenses and higher fines, according to the department.

“I’m very watchful for it,” Buglione said of drivers handling cell phones, “because it is dangerous; it is definitely distracted driving.”

The new law is a secondary law, meaning drivers must commit an additional violation such as speeding or disobeying traffic signals to be pulled over while using their phone. Police cannot stop drivers if they just see them handling their phones but not breaking additional traffic laws. 

Snowmass Police Chief Brian Olson said it is challenging to enforce the law because an officer must actually see the driver handling their phone. 

“It’s not like enforcing speeding,” Olson said. “You have to have a visual (of) the person on the phone.”

He said Snowmass is also issuing verbal warnings for the moment, unless the driver makes egregious violations while distracted on the phone.

“Unless the driving behavior was such that the use of the phone obviously created a dangerous situation,” he said. “I think that would probably easily warrant a ticket, but education is really the name of the game right now.”

He doesn’t expect a change in driving behavior to happen instantly but expects an improvement to be gradual as people become aware of the law.

Exemptions to the law include individuals reporting emergencies, utility workers, code enforcement officers, animal protection officers, first responders, commercial driver’s license holders operating a commercial vehicle, and parked individuals, according to the transportation department.

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