Hand-Held Devices Would Have Been Banned for Drivers
By Philip Rucker
Washington Post Staff Writer
Friday, March 28, 2008
The campaign to ban the use of hand-held cellphones while driving in Maryland has ended unsuccessfully, at least for this year.
A closely divided legislative panel yesterday killed a bill that would have made it illegal to use a cellphone while driving without a hands-free accessory. The House Environmental Matters Committee voted 12 to 9 to reject the proposal, which narrowly passed the Senate last week.
The committee's action effectively kills the effort, led by Sen. Michael G. Lenett (D-Montgomery), to restrict cellphone use by motorists. The District and several states prohibit the use of hand-held cellphones while driving.
The cellphone legislation advanced further this year in the Maryland General Assembly than ever before. Legislative leaders said they will study the issue after the session ends and try to pass a cellphone ban next year.
"Personally, I think it's time to go hands-free," said Del. Maggie L. McIntosh (D-Baltimore), who chairs the House committee and supported the measure. "This is going to be back again next year."
Proponents said talking on cellphones and sending text messages are among the most dangerous distractions for drivers. But opponents questioned that assertion and said there is not enough solid evidence linking cellphone use to traffic accidents.
Under the legislation, using a cellphone without a hands-free accessory would have become a secondary offense, meaning that a violator could be cited if pulled over for another traffic offense. Maryland already forbids drivers younger than 18 to use a hand-held cellphone while driving.
In the Senate last week, the proposal sparked tense debate before senators voted 26 to 21 to pass the legislation. To be considered by the full House, the bill needed to receive majority support in the Environmental Matters Committee. But even supporters acknowledged that the bill's prospects in that committee were mixed at best.
Del. Tom Hucker (D-Montgomery), a committee member, said he voted against the bill because he saw no compelling evidence that talking on cellphones is dangerous.
"We're lacking data, and that's certainly a factor," Hucker said.
Other delegates said the proposal would infringe upon the civil liberties of motorists.
"As a single woman who drives around alone, I rely on my cellphone as a safety issue," said Del. Barbara A. Frush (D-Prince George's), who voted against the bill. "I've heard all the arguments, and no one has convinced me that cellphones are as dangerous as people say."
Del. Marvin E. Holmes Jr. (D-Prince George's), who also voted against the bill, said he hopes tweaking the legislation could help it pass next year.
"The concept of the bill is good, but it's too restrictive," Holmes said. "I think we can narrow the scope next year to pass it. Most good legislation takes several years before it gets to the governor's desk."
For Del. Tanya T. Shewell (R-Carroll), passing a cellphone bill is a personal mission. Shewell said that she and her husband drove to the airport recently and that a young woman driving behind them was so distracted by talking on her cellphone that she rammed her car into theirs.
"I'm a believer that cellphones are a problem," said Shewell, who voted for the bill. "I just think we're seeing more and more of the accidents."
Lenett, the bill's sponsor, said he was "very disappointed" that his legislation was killed. But he said he was pleased that the vote was so close and hopes the bill will pass next year.
"We have a lot of momentum going into next year," Lenett said. "Every year, more and more states come on board with this legislation. It's a common-sense public safety measure."
Proposals for driving regulations have been particularly contentious in Annapolis this session. This month, both chambers passed legislation to allow police departments to install roadside cameras to ticket speeding motorists in work areas, school zones and residential neighborhoods across the state.
The Senate and House now must agree on a final version. Gov. Martin O'Malley (D), whose administration proposed the speed cameras bill, is expected to sign the legislation.
Currently, speed cameras are legal only in Montgomery County, but the legislation would allow the state's 23 other jurisdictions to use them.
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