Senate says: No holding cell phones while driving
Late, late, late Monday night the Senate gave preliminary approval to a measure that bans talking on a handheld cell phone while driving. Marylanders could still chat on the phone via a headset. They lowered the fine for violations to $40 from $100.
The legislation (SB 321) prompted a lengthy debate in the Senate, with members rejecting eleven amendments offered by Sen. E.J. Pipkin who wanted to weaken the bill. As the evening wore on his, his colleagues – notably Sen. Nathaniel J. McFadden --became increasingly impatient. (The Sun's Michael Dresser has written extensively about the bill here.)
The most substantial debate came early with Sen. Rona E. Kramer, a Montgomery County Democrat, implored her colleagues to place a complete ban on cell phone usage while driving. “The danger comes from engaging your mind in the conversation,” she said. “If we want to be safe what we need to do is ban cell phone use.”
The measure as written, she argued, merely encourages Marylanders to buy headsets for their phones. “I would proffer that we are asking our constituents to flush money down the toilet,” she said.
Sen. Michael G. Lenett acknowledged that bill might not prevent the “cognitive” distraction that arises from yammering while driving, but he said it does end a type of a “physical distraction” presented when a driver holds a phone instead of the steering wheel.
Then Sen. E.J. Pipkin began producing his amendments. He wanted to tweak the language and allow drivers to “adjust the volume” of the phone while driving. (“We don’t ban turning the radio up or down,” he said on the floor.)
Sen. Brian Frosh, who chairs the Judicial Proceedings Committee, objected. “You are going to make the bill unenforceable,” he said. He offered an example: “Let me just adjust the brightness of the screen,” he said. “It just gets silly.” The change failed 15-31.
Next Pipkin wanted to let drivers to use the speaker phone function on their phone. It failed 17-29. Then Pipkin suggested a carve out for using a GPS on a phone wile driving. That went down 15-30.
Perhaps to give him a break, Sen. David Brinkley rose to amend the bill so drivers could look up a contact before making a call. That seemed to be gaining traction as some Senators realized it might be preferable to look up a name than dial a 10 digit phone number.
But Frosh noted the change would open a loophole in the legislation. “You can’t go mining the contact info for data” while driving, Frosh told Senators. The amendment failed 17 to 28.
Pipkin, refreshed, rose again with a fourth amendment. It let drivers fiddle with the music functions on their phone while on the road. The idea failed 14-31. Next he wanted to allow drivers to call for towing services while driving. Pipkin also wanted an exemption for highway employees, and then he wanted the bill to only create a violation if a driver got into an accident.
“Can we put these on a consent calendar?” McFadden asked, hoping to group them all together and then reject them all in one swoop.
As time went on Pipkin tried to exempt all calls from parents to children, a change that would have essentially gutted the bill in the opinion of some senators. It failed and he rose to offer another amendment.
Exasperated, McFadden exclaimed “Here we go again!”
All of Pipkin’s idea failed. The bill still awaits final Senate approval and must be taken up in the House of Delegates.








Comments
I agree with the ban on cell phones while driving.
Posted by: NotableM | March 23, 2010 1:37 PM
if you are going to pass a cell phone bill make it illegal to use a cell phone peried thats it no strings attached while driveing
Posted by: pete chenoweth | March 23, 2010 1:37 PM
“I would proffer that we are asking our constituents to flush money down the toilet,” she said.
Funny that's how I feel paying all of Maryland's high taxes and fees.
Posted by: jay | March 23, 2010 3:21 PM
Sen Rona Kramer's idea of totally banning all cell phone use by operators of motor vehicles is the best.
I've watched people who are no longer txting-while-driving still reading the displays on their cellphones to see if they want to take a call or not. I've seen them take their eyes off of the road for about 3 seconds to do this. This is simply unacceptable.
It's bad enough that cellphones have warped society, shredded longstanding traditions of politeness and civility, and in many cases leave people standing around in their own little world, totally inattentive to anything other than their little screen and/or the disembodied voices asking "where you at".
That people using cellphones are about as impaired as someone after three stiff drinks, penalties for driving-while-phoning ought to be about the same as those for driving under the influence.
Additional legislation and penalties are needed for people who use cellphones from vehicles in the commission of a crime, for example people playing "lookout" for burglaries.
Posted by: Thomas Hardman | March 24, 2010 12:56 PM
Both the House and Senate bill say that it is only a secondary offense. Don't speed or do anything stupid while your on the phone and your fine.
Posted by: Justin | March 24, 2010 3:34 PM
With a growing number of Cities and States implementing 'Fine-Based' bans on hand held devices while driving I feel it is important that the data used to base the decision of such legislation be accurate and unbiased. Furthermore I feel it is import that these bans actually address the problem and do not create additional problems; either by way of adding undo finical strain on innocent motorists or by over-extending those involved with enforcing the bans and indirectly creating more harm than good. I think most would agree it is not advantageous to take away the personal freedoms of citizens and/or fine those who do not abide by the ban when there is little to no benefit of implementing or enforcing the ban. Nor is it beneficial for police officers to be apprehending cell phone users instead of violent criminals, especially when the decision to do so is based off of flawed, biased, or incorrect data.
Thus far I have found multiple studies that paint a distorted picture of the dangers related to cell phone use while driving and feel it is unfair and irresponsible for legislators to even consider implementing any type of bans based upon this data. Additionally I have found no evidence that cell phone and texting bans have a positive effect in areas that have implemented them. Typically proponents for these types of bans complain there is no positive effect due to lack of enforcement while enforcement officials argue that they are either enforcing the bans but it is having little effect or that the bans are too difficult to enforce. Whether you feel cell phone use while driving is dangerous or not, there is more and more evidence that banning these devices, in any capacity, is not accomplishing the intended goal and merely adding undue hardship to those communities that implement them.
Posted by: CraigFriebolin | March 24, 2010 3:51 PM
The problem will arise with enforcement. There is a diminished police presence due to budget cuts and far too many people who use cell phones while driving. The chances of being caught are minimal and the proposed fine is a slap on the wrist.
I don't think this bill will make the streets any safer,
Posted by: kalix | March 25, 2010 1:00 PM
So if the main issue is the distraction from being immersed in conversation, do we ban passengers next? If it is taking your hands off the wheel, are radios or stick shifts next? What about the heat?
If someone is driving poorly, there are already laws against that. Is the issue stopping bad driving and accidents or just another revenue stream for a state in financial trouble?
Posted by: Bob | March 26, 2010 1:54 PM
Insuffient. Where is the ban on setting a radio station, holding a burger and soda, etc.? How about no front seat passengers, as talking to a front seat passenger and or looking at something in the streetscape are the 2 most prominent causes of accidents.
Posted by: Pallidin1 | April 1, 2010 1:04 PM
If you are to ban using cell phones while driving, why not just ban having people in the car. Having people in the car is far more distracting than cell phones, you cannot ban that can you? So why ban cell phones? I undestand the texting, but to talk on a cellphone causes no less harm than to talk to a passenger. Plus, what if as you are driving you recieve a call from one of your parents that is deathly ill. Do you not take the call because you are driving? What if they are dying? Or say you are driving in an unsafe area, because there are many of those in Maryland, and you are lost. Then are you not allowed to call for help or directions? Would you rather people get lost and mugged, potentially raped dirving on our unsafe streets, then make a call.The whole law is absurd. We should focus on cleaning up or streets before enforcing these bogus laws. Why not send our cops onto streets like Clay Street in Downtown Annapolis and have them stop the drug dealing and murdering? No our state would rather have our cops sitting around waiting to give tickets for ridiculous items such as talking on the cell phone. Our state needs to get our priorities in line!
Posted by: Kendall | May 10, 2010 8:35 PM