The Maryland Senate moved forward yesterday with legislation intended to improve traffic safety by banning the use of hand-held cell phones while driving and by allowing law enforcement agencies to post cameras to catch speeders.
After days of parliamentary moves and ardent debate, the Senate gave preliminary approval to the cell phone measure, which had appeared dead last week but now heads to a final vote in that chamber. Senators also approved the speed camera legislation after several days of debate.
The debate now shifts to the House of Delegates. That chamber is expected this week to take up speed cameras, which are backed by Gov. Martin O'Malley. But prospects for the cell phone ban are more uncertain.
A number of Maryland lawmakers have championed bills to prohibit drivers from using cell phones over the past decade, but the proposal has stalled even as the idea has gained momentum in other states. The District of Columbia and New York have enacted similar bans.
"Talking on the cell phone while driving can be very distracting," said Sen. Norman R. Stone Jr., a Baltimore County Democrat. He referred to studies showing that cell phone use can be a leading contributor to accidents. "They compare it to driving while under the influence."
But opponents contend that other activities, such as eating or putting on makeup, are also dangerous and that drivers often have good reasons for using the phone. Sen. Alex X. Mooney, a Frederick County Republican, offered hypothetical examples, including a young woman who gets lost late at night and needs to call someone for directions.
"Don't take away cell phones from law-abiding citizens who need to use it for legitimate purposes," he urged his colleagues.
Sen. John C. Astle, an Anne Arundel County Democrat, proposed adding a ban on GPS devices in vehicles, arguing that they are a major distraction as well, but that amendment failed to pass.
The Senate had voted last week to limit the bill to prohibit only reading or sending text messages on wireless communications devices while behind the wheel. Proponents said that change would sink the bill in the House, which has already voted down texting-only bans. Senators yesterday voted 25-22 to restore the broader ban on talking and texting.
Under the legislation, driving while using a hand-held cell phone or wireless communication device would be a secondary offense, meaning that motorists could be cited for violating the law only if they are pulled over for another traffic offense. The fine for a first offense would be $50. Drivers could still use cell phones if they are equipped with hands-free accessories.
Proponents hope Senate action on the cell phone ban will encourage the House to pass the restriction as well. But a similar bill has not been filed in the House this year, and it is unclear how the measure will fare in that chamber.
The Senate voted 26-21 to approve the speed camera bill, while the House began debate on a companion measure yesterday. The bill would allow state and local law enforcement agencies to use speed cameras on streets with speed limits up to 45 mph, in school zones and near highway construction zones.
Under the Senate version, drivers exceeding posted speed limits by 12 mph or more could be issued a ticket, up from the 10 mph originally proposed. The lawmakers also lowered the proposed fine to $40 from $75, with some saying the purpose of speed cameras should be to improve safety, not raise revenue.
The House began debate yesterday.
"We believe this is an encroachment upon our civil liberties," said Del. Michael D. Smigiel Sr., a Cecil County Republican who offered an amendment to carve out Cecil, Queen Anne's, Kent and Caroline counties from the legislation. Speed-monitoring systems "are the proverbial camel's nose in the tent," he said.
laura.smitherman@baltsun.com
Sun reporter Gadi Dechter contributed to this article.