More News

Beginning Friday, it will be against the law to drive with one hand on the phone and the other on the wheel.

The state's ban on using hand-held telephones while driving begins Oct. 1.

Under the law, police may cite a driver for illegal use of a hand-held phone only if they first pull the driver over for a primary violation, such as speeding or negligent driving.

The use of a hand-held telephone to call for emergency service, or by police, fire and rescue personnel on duty is exempt from the ban. The law also allows drivers to use a hand to turn a phone on or off and to begin or end a conversation.

The offense carries fines of $40 for violating the ban once and $100 for each violation thereafter. Each offense puts at least one point against the driver's license, three points for each offense that contributes to a crash.

The law does not apply to the use of devices that allow drivers to talk on the phone without using their hands.

Montgomery County police probably will issue warnings for a few days until drivers get used to the ban, which is already the law in neighboring Washington, D.C.

"Generally when new legislation is enacted we give a grace period, 30 days or so, then turn the page and start actual enforcement," said Cpl. Dan Friz, a Montgomery County police spokesman.

Maryland State police mentioned no grace period and might be less forgiving.

"Certainly if we see someone violating the rules of the road with a cell phone in their hands, they may be issued a violation for use of the hand-held [phone] as well," said Elena Russo, a state police spokeswoman.

With the ban looming, sales staff at several stores in Montgomery County that sell mobile phones said this week that hands-free phone devices have been selling a bit more quickly than usual.

The options range from dashboard mounts that enable the driver to talk without holding the phone — which usually cost less than $40 — to headsets, earbuds and devices that work through car radios or through add-on speakers that can cost up to about $130, according to sales staff at local stores.

Although some studies indicate that hands-free phones may be beneficial, several studies indicate that conversing hands-free can be just as distracting.

"Our studies and a number of studies show that it really doesn't make any difference what you use, whether hands-free or a hand-held device, the accident rates are about the same," said John B. Townsend II, a spokesman for AAA Mid-Atlantic, which advocates not using phones at all while driving.

Sen. Rona E. Kramer opposed the ban, contending that there is no evidence that drivers are safer using a hands-free device. She also cited studies that show no reduction in accidents in locations in which hand-held phone bans have been enacted.

"Common sense would dictate that holding your hand to your ear would not make you unsafe," Kramer (D-Dist. 14), of Olney, said.

Kramer said the law could push constituents to spend money on a device without evidence that the device would make them safer.

Townsend said that if drivers pull over and park on the shoulder of the road to make calls on hand-held phones, they could create a new safety hazard.

Maryland joins seven states, the District and the Virgin Islands in prohibiting drivers from using hand-held phones while driving. In all except Maryland, police can stop a motorist solely for using a hand-held phone.

Signs notifying motorists of the new law are being posted at state lines, near colleges and high schools and in high visibility locations along roadways, said David Buck, a spokesman for the State Highway Administration. Reminders will be posted on electronic signs over major highways, Buck said.

mhyslop@gazette.net