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Mar 13, 2008 3:36 pm US/Eastern
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Cell Phone Ban Bogged Down In Md. Senate
ANNAPOLIS, Md. (AP) ―
A long-debated measure to ban the use of handheld cell phones while driving could be approved by the Maryland Senate next week -- although its supporters say its on life support.
The bill would fine drivers $50 for talking on phones while driving without using hands-free devices. The proposal would allow cell phone fines only as secondary offenses, meaning a police officer would not be allowed to pull over a driver simply for using the phone. Text messaging while driving would also be banned. Maryland lawmakers have for years considered the ban, similar to ones in place in Washington, D.C., and New York state.
This year marks the first time handheld phone bans have made it to full debates in either chamber of Maryland's legislature.
But the bill almost went down in tatters Thursday when a senator said he misunderstood an amendment that would have removed the prohibition on talking on handheld cell phones in favor of a ban only on text messaging while driving.
The amendment, approved 23-22 after a tense debate, would have meant almost certain death for the bill. That's because the House of Delegates has already rejected text message bans twice this year.
After the amendment was approved, Sen. Rob Garagiola, D-Montgomery, said he changed his mind and asked for a legislative "do-over" often used on close votes. The Senate decided to take up the question again next week, also on a 23-22 vote.
"We are on life support. But we are still alive," said the sponsor of the cell phone ban, Sen. Michael Lennett, D-Montgomery.
Lennett predicted the cell phone ban would win approval when it comes back up next week, when two absent senators could return and lend their support for a more comfortable margin.
Garagiola, whose amendment vote almost sank the ban, told reporters after the vote that he thought the amendment would add a text message ban to a ban on talking on handheld phones. Instead, the amendment took out the handheld phone ban and left only a text message ban.
"I actually misunderstood the amendment," said Garagiola, who says he thinks it's time for the state to ban using handheld phones while driving. "It serves notice to the public to drive safely."
Even if approved, the ban is weaker than proponents originally wished. The proposed ban would expire in two years unless lawmakers renew it. It would exempt law enforcement officers, volunteer rescue workers and bus or truck drivers using radios to communicate.
Violation fines were cut to $50 from $100, and ticketed drivers could have the fines waived if they buy a hands-free accessory for their phones. The bill also makes clear that points would not be added to a driver's record on the first offense.
Young drivers in Maryland are already banned from talking on handheld cell phones except in emergencies. Senators are also planning to vote on a separate measure that would allow police officers to pull over a young driver using a handheld cell phone.
A longtime supporter of cell phone driving bans, Democratic Sen.Norman Stone of Baltimore County, said the ban has been loaded with exemptions to make it more palatable to skeptics.
"This is a safety measure. This is a measure whose time has come," Stone said.
But the ban faces plenty of opponents in both parties. Sen. Rona Kramer, D-Montgomery, argued that distracted driving is caused by mental engagement in a conversation, not holding a phone to an ear.
"We all know that we drive with our arms sitting on the window. Don't we? Don't we do that? Are we going to ban that?" Kramer asked.
"Are we going to ban someone picking their nose while they're driving? For God's sake, if we're going to ban anything, let's ban picking your nose while driving," Kramer went on, eliciting chuckles from the Senate.
There could be intense lobbying on the issue between now and Tuesday, when senators resume debate on the ban. Senate President Thomas V. Mike Miller told senators they could expect another spirited debate.
"Everybody understands this issue. Everybody's violated what's been covered here. The question is, are we going to make ourselves criminals or not?" said Miller, who voted for the ban.
(© 2008 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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