"Because of texting while driving, I will never hold a grandchild born to my daughter," Russell Hurd told lawmakers. "Because of texting while driving, I will never hear my daughter's voice or her little giggle ever again."
No study has examined the correlation between text-messaging and vehicle accidents, but driver inattention is a factor in 80 percent of crashes nationwide, accounting for 4.9 million accidents, 34,000 fatalities and 2.1 million injuries, according to a legislative analysis.
Ragina C. Averella, a spokeswoman for AAA Mid-Atlantic, said passage of a texting ban "bodes well for safety on our roadways."
"Although there are numerous distractions facing motorists, this is an extreme distraction and one which poses increased safety risks by the very nature of the activity," she said.
The House and Senate proposals make texting while driving a misdemeanor traffic violation and a primary offense, meaning that police can stop motorists suspected of sending messages even if the officer sees no other violation. Some lawmakers had preferred making the violation a secondary offense, so citations could be issued only if motorists were stopped for another infraction.
Sen. Bobby A. Zirkin, a Baltimore County Democrat, said he disapproves of texting while driving but believes a ban is "completely unenforceable" under the Assembly's plan.
With nearly all mobile telephones able to send and receive messages, "how would an officer know if you are sending a message or dialing a phone number?" asked Zirkin, an attorney, adding that he does not think officers have the authority to seize a driver's phone to check for evidence of texting.
But Malone said the primary offense designation gives the law gravity. When Maryland strengthened seat-belt laws in 1998, changing the violation from a secondary to a primary offense, compliance rose from 71 percent to 83 percent and now is about 93 percent, he said.
"That's exactly what we want to see happen with text messaging," Malone said.
Averella said that making texting a primary offense "shows the legislature is serious. People will know it's illegal and they'll stop doing it."
Eight states and the District of Columbia bar text-messaging while driving, though some of them also more broadly prohibit driver cell phone use without a hands-free device. Many cities and towns, including Chicago, Detroit and Phoenix, have texting bans.
Virginia Gov. Tim Kaine signed a ban into law Monday, though officers would be able to cite drivers only if they are pulled over for a more serious offense. Lawmakers in Delaware are considering a texting ban.
SIMILAR LEGISLATION
States that bar text-messaging while driving: Alaska, California, Connecticut, Louisiana, Minnesota, New Jersey, Virginia and Washington
Places that ban driver use of cell phones without a hands-free device: California, Connecticut, New Jersey, New York, Utah, Washington and the District of Columbia
Texting bans approved and awaiting enactment: Maryland, New Mexico and Utah
Sources: AAA and Sun news services
Counties seek state's OK to cut spending on local schools. PG 3
