Driving while texting banned

New law, tougher drunk driving rules in effect Thursday

Wednesday, Sept. 30, 2009

Speed cameras might be coming soon to a community near you, text messaging while driving will become a no-no and teens will have to wait longer to get their driver's licenses.

Hundreds of other laws also will be enacted on the traditional Oct. 1 date when most new state laws go into effect. Included among them are a requirement that state flags displayed by the state government be manufactured in the United States, a mandate that Maryland reduce greenhouse gas emissions by 25 percent from 2006 levels by 2020 and a measure that places a greater burden of proof on prosecutors in capital punishment cases.

There are also a slew of new laws increasing penalties on drunk drivers and underage drinkers, as well as a heavy focus on preventing domestic violence.

The law enabling county or municipal governments to install speed cameras in highway work zones or near schools has generated fierce opposition from critics of big government who believe the devices are a money grab.

Some counties have already authorized the use of the cameras, while other local leaders have rejected even considering the idea. All three Southern Maryland counties have yet to weigh the measure, but there appears to be at least modest interest among political and public safety officials in each jurisdiction

"One of people's concerns is this was just another way for government to take money out of their pocket," said Bill Toohey, spokesman for the Baltimore County Police Department. "The government will take no money out of their pocket if they obey the law."

The Baltimore County Council was the first to approve an ordinance to legalize and purchase speed cameras in anticipation of the Oct. 1 enactment date. Within the next two weeks, officials hope to release a list of no more than 15 locations where the devices will be located.

The department has spent the past two months analyzing potential locations for speed cameras based on accident data, traffic volume, road terrain and risk to schoolchildren, Toohey said. The county, which still must find a contractor to operate the devices, initially only plans to put them near schools.

Under the law, drivers traveling 12 miles per hour or more over the posted speed limit will receive a $40 fine in the mail. Tickets issued within the first 30 days of the cameras' installation will serve as a warning, carrying no penalty.

Speed cameras have been in place in Montgomery County since March 2007 as a pilot program. The law requires all revenue generated from speed cameras to be used for public safety initiatives.

The Maryland State Highway Administration plans to test the speed cameras in work zones in the Baltimore and Washington areas once the law takes effect.

The Prince George's County Council last week introduced legislation to consider speed cameras, which County Executive Jack B. Johnson (D) supports. Several municipalities in Prince George's also have begun considering ordinances to install the devices.

Howard County Police Chief William McMahon expects his department will submit a proposal on placing speed cameras to County Executive Ken Ulman (D) sometime this fall.

Because it limits the devices to work and school zones, McMahon believes the state law is too restrictive to reach its full safety potential.

He envisions using a mix of fixed and mobile cameras so authorities can respond to changing traffic safety patterns.

"We will put speed cameras in locations where they will prevent collisions and save lives," he said. "The question is often raised, ‘Is this a revenue generator?' I don't really care; I'm trying to save lives."

Anne Arundel County Executive John R. Leopold (R) has said he has no plans to introduce a local speed camera ordinance.

Meanwhile, Maryland will join 12 other states that have banned texting while driving; six additional states will prohibit the practice by January. It will be a primary offense, meaning officers can pull over anyone they suspect is using a wireless device to send a text message. Offenders face a maximum fine of $500 and one point on their driving records.

Over the last five years, an average of more than 30,000 crashes has occurred annually on Maryland roads as a result of inattentive driving, according to data from the Maryland Highway Safety Office. During the same period, nearly 20,000 people are injured annually in Maryland because of distracted driving, which includes cellular phone use, texting, changing radio stations, eating and more.

"We feel it's a great first step towards addressing the issue of distracted driving," said Jeremy Gunderson, the office's spokesman. "Nobody out there is claiming it to be the panacea, but with the rapid increase of cellular device ownership, it's a great first step and we look forward to seeing some great results arise from this."

The new rules of the road also will force teenagers to wait three months longer to be eligible for both provisional and regular driver's licenses. Now, teens must be 16 and a half to obtain a provisional license, which limits the hours during which they can drive and the number of passengers they can carry, and be 18 years old for full driving privileges.

The stricter impaired-driving statutes impose an automatic one-year license suspension for repeat drunken drivers, forbid a DUI offender from entering into probation before judgment more than once every 10 years, make it illegal for minors to consume alcohol and criminalize the furnishing of alcohol to those younger than 21.

Lt. Gov. Anthony G. Brown (D) touted those initiatives at a news conference last week in Howard County, saying they will help to reduce the number of alcohol-related traffic deaths in Maryland. More than one-quarter of the 592 traffic deaths in Maryland in 2008 were tied to alcohol.

A leading advocacy group is appreciative of the new regulations, but they believe stricter laws must be put in place to have a greater impact on curbing drunk driving. In particular, Maryland should require the use of an ignition interlock system for anyone charged with driving under the influence, said Caroline Cash, executive director of the Maryland chapter of Mothers Against Drunk Driving. The device is installed in the car of an offender and prevents the car from starting if the motorist blows a reading above the legal limit.

The measure passed unanimously in the Senate this year, but was not taken up by the House of Delegates.

On Tuesday, Brown visited with advocates at the Montgomery County Family Justice Center to promote two measures that give judges greater authority to take guns away from those who have had restraining orders placed against them. In 2008, 75 Marylanders were killed as a result of domestic violence, more than half of them by a firearm. One of them was Brown's cousin, Cathy, who was shot and killed by her estranged boyfriend.

abrody@somdnews.com