February 23, 2013

Few object to Maine cellphone ban for drivers at hearing

A bill seeks to bar use of the hand-held type, but it has numerous exemptions that some officials oppose.

By Michael Shepherd mshepherd@mainetoday.com
State House Bureau

AUGUSTA — A sweeping bill that would expand Maine's distracted-driving laws by banning the use of hand-held cellphones behind the wheel drew little opposition Wednesday at a public hearing.

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A driver talks on his cellphone while driving on Portland's Congress Street on Wednesday, Feb. 13, 2012.

John Ewing / Staff Photographer

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The bill, sponsored by Rep. Paulette Beaudoin, D-Biddeford, would impose a $50 fine for first offenses and a minimum $250 fine for subsequent offenses -- but make some drivers exempt.

In written testimony to the Legislature's Transportation Committee, Beaudoin said, "Even dialing a phone while driving draws your attention away from the road, and drivers have no business putting others in danger."

Police and corrections officers would be exempt, as would firefighters and rescue workers, drivers with commercial licenses, doctors, municipal public works employees, and Maine Turnpike Authority and Department of Transportation employees, including state contractors.

Representatives from the Maine Nurse Practitioner's Association and the Maine Water Utilities Association asked that their members be exempt as well.

Robert Schwartz, executive director of the Maine Chiefs of Police Association, said in an interview that the bill has too many exemptions. In fact, Schwartz said, even police should be subject to the ban.

"Police officers can be distracted like anyone else," he said. "We do not think that we're better than any other group in the state."

A lobbyist for the Maine Municipal Association also opposed the exemptions. "If citizens are required to pull to the side of the road to make a cellphone call, then so should everyone else," said Ann Mitchell.

Jay Nutting, a lobbyist for AT&T, said the telecommunications giant is taking no position on the bill, but he suggested an amendment to exempt drivers in emergency situations.

The bill would expand on existing laws aimed at curbing cellphone use by drivers.

In 2009, Maine lawmakers passed a distracted-driver law, making "failure to maintain control of a motor vehicle" illegal. In 2011, a law was passed to prohibit texting while driving.

The National Safety Council estimates that 21 percent of traffic accidents in the United States in 2010 involved drivers talking on hand-held and hands-free phones.

"I think we have to have a social engineering process similar to getting rid of smoking and getting rid of drinking and driving to really address this problem," said Rep. Ann Peoples, D-Westbrook, a committee member, during the hearing. "We've been doing this incrementally."

Drivers in the Maine Mall area of South Portland had mixed reactions to the bill Wednesday.

Kevin Brown, 20, of South Portland said he doesn't think that more restrictions are a good idea, and he doesn't think they would make a difference.

"People would do it anyway. It wouldn't make people any more safe," he said.

Jeanne Rocque, 60, of Augusta said she doesn't use her cellphone much in her vehicle. When she gets a call or has to make a call, she said, she usually pulls over. She supports further restrictions.

"I think it would make everyone a lot safer," she said. "There are so many people, especially young people, who rely on their phones."

Ten states and the District of Columbia now ban cellphone use by all drivers, according to a fact sheet provided to the Transportation Committee.

Figures from the Maine Secretary of State's Office show that 325 people were charged with distracted driving in 2011 and 417 were charged in 2012. A total of 280 summonses were issued for texting while driving in those years, the office said.

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