Maryland drivers holding cell phones in their hands to talk or text-message could face fines if pulled over by police for another offense in a bill that passed the state Senate on Thursday 26 to 21.
After a number of failed attempts over the past decade, this was the first time any restrictions on mobile phone use while driving passed either house.
The bill faces an uncertain future in the House of Delegates, where a ban on text-messaging already failed to win committee approval. Sen. Mike Lenett, the Montgomery County Democrat who sponsored it, said passage required “a lot of hard work.”
Police could only charge a motorist for holding a cell phone if he or she was being charged with another traffic violation.
The fine would be $50 for the first offense and $100 plus one point on the driving record for the second. A judge could waive the penalties if motorists could show they owned a hands-free device.
Some opponents argued that many other activities were dangerous distractions while driving, such as reading or putting on makeup.
“New studies are showing that engaging your mind in conversation rather than just holding the phone” is the main distraction, said Sen. Rona Kramer, a Montgomery County Democrat.
“It?s another excuse to be pulled over on the side of the road,” said Sen. E.J. Pipkin, who attempted to have his Eastern Shore constituents exempted from the bill.
Other senators pointed to many obvious accidents or near-accidents they?ve seen or experienced. Sen. Nathaniel McFadden, a Baltimore City Democrat, said using two hands to drive is still the best practice. “Don?t do business in your car while you?re driving,” McFadden said.
Asked about the proposed cell phone restrictions in a talk radio appearance Wednesday, Gov. Martin O?Malley said, “That?s something we?ll consider.”
“I?ll wait till the legislature considers the pros and cons,” O?Malley said on WTOP.
