Cell phone ban passes in a squeaker
The Maryland Senate has passed by the narrowest of possible margins a ban on the use of hand-held cell phones while driving -- sending the bill to the House for what could be final action.
The long-proposed but never-before-enacted bill squeaked by on a 24-23 vote, rejecting an impassioned plea by Republican Sen. E. J. Pipkin that rejecting the ban would be a "liberty issue."
Two Republicans, Sen. Brian Simonaire of Anne Arundel County and Sen. Larry Haines of Carroll County, joined 22 Democrats in supporting the bill. Twelve Republicans and 11 Democrats voted nay.
The bill would bar the use of hand-held cell phones behind the wheel in most circumstances, but would make the violation a "secondary offense" -- preventing a law enforcement officer from pulling over a motorist unless some other infraction was observed.
Pipkin quoted his daughter say saying the measure seemed like something out of George Orwell's novel "1984."
"I think we'll be giving up something with this law we won't be able to get back," the Upper Shore senator said.
Sen. Norman Stone, a Baltimore County Democrat who is that chamber's longest-serving member, defended the measure as a matter of common sense. Stone, the measure's sponsor, christened the measure "The Delegate John Arnick Electronic Communications Traffic safety Act of 2010" in honor or his late legislative colleague, who sponsored the first cell phone bill a decade ago.
"Delegate Arnick was way before his time. He recognized the problem with cell phone use long before anyone else," Stone said after the vote.
Stone said he hopes the House will simply adopt the Senate bill, which would send the measure to the governor. Noting the razor-thin the razor-thin margin in the Senate, he said any disagreement over details would only give opponents another chance to derail the bill.
"You can never tell what'll come out of a conference committee, and that conference committee (report) has to be adopted by the floor," he said.
Backers of the measure got a late scare when Simonaire sponsored a motion to reconsider passage, but that measure was rejected 19-28 after President Thomas V. Mike Miller informed senators that the bill had already been sent to the House.
Simonaire said he stands by his support of the bill but offered the motion as a courtesy to fellow senators who wanted to continue the debate. He said that after opposing the measure in past years he had been swayed by the testimony of family members of distracted-driving victims.
"When liberty starts impacting safety, I think that's where we have to draw the line," he said.
Comments
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 3:46 PM