Md. Bills Target Teenage Drivers

Senate Would Suspend Licenses Of Offenders

Sen. Thomas M. Middleton (D-Charles) says teens will be drive more carefully to protect their licenses.
Sen. Thomas M. Middleton (D-Charles) says teens will be drive more carefully to protect their licenses. (Gerald Martineau - The Washington Post)
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Washington Post Staff Writer
Friday, March 14, 2008; Page B01

The Maryland Senate voted unanimously yesterday to toughen driving laws for teenagers after the spate of fatal accidents involving young drivers in the fall. Senators also debated a statewide ban on using handheld cellphones while driving, a controversial proposal that now appears likely to pass the chamber.

Under the legislation passed by the Senate, drivers younger than 18 who are charged with drinking while driving, leaving the scene of an accident or fleeing a police officer automatically would lose their driving privileges for at least six months.

A separate bill that passed yesterday would require the Motor Vehicle Administration to notify the parents or guardians of any teenager who receives a citation for a moving violation, such as speeding. Both bills must now pass the House of Delegates.

After more than a dozen teens died on roads in the Washington region in the fall, lawmakers are poised to make Maryland's laws among the strictest in the nation. The General Assembly is considering other restrictions, including mandating a 10 p.m. curfew for 16-year-olds, allowing police officers to pull over and charge minors for talking on cellphones, and increasing the minimum age to receive a learner's permit from 15 years and nine months to 16 years.

Sen. Thomas M. Middleton (D), whose Charles County district was home to some of the deadliest teen accidents, proposed the mandatory parental notification bill. He said it and other laws will scare teenagers into driving more safely.

"Licenses are the most important thing for kids," Middleton said. "They want to drive. Knowing they could lose their licenses will convince them to drive safely."

Like Virginia and the District, Maryland has a graduated license program for teens. Maryland gives provisional licenses to drivers younger than 18 and grants them more independence only as they pass a series of probationary stages.

Despite existing restrictions, 13 teenagers died within about a month last fall in the Washington suburbs. Most of those accidents occurred in Montgomery County and Southern Maryland. Lawmakers and traffic safety experts say added restrictions could help reduce the number of such accidents.

Also yesterday, the Senate held a contentious debate over a ban on using handheld cellphones while driving, with supporters arguing that their use in cars is a dangerous distraction. After several close votes on the issue, the bill appeared likely to pass the Senate early next week.

Senators voted 23 to 21 to give preliminary approval to the bill, introduced by Sen. Michael G. Lenett (D-Montgomery).

Under the proposal, drivers would be allowed to talk on cellphones only if they use hands-free devices, mirroring laws in effect in the District and in several states. Violators would be fined $50, although it would be a secondary offense, meaning an officer could not pull over a driver solely for using a phone.

"The cellphone itself is one of the most distracting things," said Sen. Norman R. Stone Jr. (D-Baltimore County), who voted for the bill. "To carry these things and try to drive and keep your mind on the road and trying to talk is just so distracting."

Opponents were skeptical the ban would make a difference. Sen. Rona E. Kramer (D-Montgomery), who voted against the bill, pointed to research showing that engaging one's mind in a conversation is far more distracting than using one hand to hold a cellphone.

Making light of the bill, Kramer said there are many other factors that distract drivers.

"We all know that we drive with our arm sitting on the window, don't we?" Kramer asked. "Are we going to ban that? Are we going to ban scratching your head?

"Have you ever been driving and seen somebody picking their nose while driving? Are we going to ban that?"

Commenting on the slim margin of support, Senate President Thomas V. Mike Miller Jr. (D-Calvert) declared that the cellphone ban was "on life support."

Indeed, minutes later, the proposal nearly died when senators voted 23 to 22 to pass an amendment striking the cellphone ban and replacing it with a prohibition only on text messaging. Opponents of Lenett's bill voted for the amendment, saying texting is a more dangerous distraction than talking on a cellphone.

But others said the amendment, proposed by Sen. George W. Della Jr. (D-Baltimore), would weaken the law so much as to render it moot. They argued that a ban only on text messaging would not pass in the House, where a texting ban has failed. Further, they said, it would be hard, if not impossible, for police officers to distinguish between writing a text message and placing a call.

Sen. Robert J. Garagiola (D-Montgomery) proved to be the swing senator, having voted for Lenett's bill and for Della's amendment. About an hour later, Garagiola said he misunderstood the amendment and had changed his mind. The Senate agreed to hold a "do-over" vote next week -- a move that gave new life to the cellphone ban.

Garagiola said in an interview that he plans to vote against the amendment and for the original bill. In addition, two senators who were absent are expected to support the cellphone ban. So if no other senators change their votes, the ban will pass.

The Senate was scheduled to take a final vote yesterday on legislation to allow speed cameras in work areas and authorize local jurisdictions to use cameras to enforce speed limits in school zones and residential neighborhoods. But senators decided to postpone a vote until next week.

Montgomery is the only county in Maryland authorized to use speed cameras. The legislation before the Senate would extend that power to the state's 23 other jurisdictions.


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