Maine: Cell phone laws, legislation

Texting, cell phone news: State Sen. Bill Diamond plans to keep distracted driving on Maine lawmakers’ minds. Diamond’s general distracted driving law went into effect Sept. 12, 2009. For the 2011 session, he is filing a bill that would specifically ban text messaging while driving.

“While Maine took a big step forward passing a distracted driver law in 2009, it is clear to me now that measure deals more with the effect,” Diamond said Aug. 31. “The proposed ban on texting while driving I have put forward deals better with the cause of the problem.”

Legislation prohibiting adults’ use of handheld cell phone use while driving has failed to advance.

Current prohibitions:

• General distracted driving law penalizes motorists who fail to have their vehicles under control due to wide range of behaviors. Enforcement tied to other traffic offense or accident.
• Drivers under the age of 18 prohibited from using cell phones while driving.
• Drivers with learner’s permits or intermediate licenses prohibited from using cell phones while driving.

2010 distracted driving notes:
Sen. Bill Diamond, D-Windham, attended the first national Distracted Driving Summit in 2009. AAA Northern New England said Diamond’s campaign for a text messaging law comes at a good time, in late August, as teens are returning to school: “This is an excellent opportunity to remind Maine teen drivers that it is illegal to text while driving until you have reached 18 years of age.”

2009 legislation:
SP 15/LD 6 — Would make distracted driving an offense. The original legislation cited electronic devices including games, e-mail and texting devices, as well as grooming. These references were removed. Went into effect Sept. 12, 2009.

HP 35/LD 40 — Would prohibit drivers from using handheld cell phones unless a hands-free accessory is employed. Also prohibiting handheld cell phone use: HP 96/LD 112. Rejected in transportation committee on Feb. 19.

HP 36/LD 41 — Would prohibit drivers from making cell phone calls unless a hands-free accessory is employed, and from text messaging.

Legislation notes:
The distracted driving law was enacted June 12, 2009, and signed by Maine’s governor on June 19. It took effect Sept. 12. Read Maine’s distracted driving law.

Sen. Bill Diamond says his overall law targeting distracted drivers (SP 15/LD 6) makes more sense than a list of banned devices for drivers that would need regular updating. “We cannot just focus on cell phones or the electronic device of the day that people are interested in at that moment,” Diamond says. “What we do is focus on the behavior, not what specifically caused it.”

Rep. Mike Michaud, D-Maine, told the Bangor Daily News that Maine’s distracted driving approach — targeting the behavior, not the devices — has drawn interest from the Transportation secretary and other members of the U.S. House.

The cell phone driving legislation from Rep. George Hogan, D–Old Orchard Beach, calls for fines between $50 and $250. “It’s on the minds of every state, and almost every state is more aggressive than Maine,” Hogan said.

Text messaging brings a fine of not less than $500 under the legislation sponsored by Rep. Paulette Beaudoin, D-Biddeford (HP 36/LD 41). Cell phone fines under the law would be between $50 and $250.

The Sun Journal of Lewiston, Maine, editorialized on texting and driving: “Researchers found texting, as compared to other habits that distract drivers, is exponentially more dangerous than once thought. … Texting is unsafe. Lawmakers in Maine should ban it specifically (not just distracted driving). Drivers should be told of its dangers and punished if caught doing it. It is a safety issue. It’s common sense.” (July 29, 2009)

A hands-free bill died in the state Senate in June 2007.

A study of cell phone-related accidents was mandated by the Legislature, to run through September 2008 with a report due by Jan. 15, 2009. That study was the result of legislation from Rep. Christopher Babbidge, D-Kennebunk, who also authored the state law regarding recycling of used cell phones.