Distracted Driving

On October 1st, 2011 the Maryland General Assembly Chapter 471 or Senate Bill 424 went into effect. What this law does is adds a modification to the existing law where "...a person may not use a text messaging device to write [or], send  OR READ a text message OR AN ELECTRONIC MESSAGE while operating a motor vehicle…". While like most of us I agree that this would be a great things, less distracted drivers, few accidents, I also feel that this represents a disturbing trend. Violators get a 70 dollar and a one point fine on their license. I don't feel that a quick glance at your phone while driving is the problem here. I feel that this law is misplaced and feels more like a new tax to me.

Before you get upset, let me tell you a story. A few days ago my wife and I decided to walk our dog up to the local shopping center. To  do this we had to cross a few roads and while we were crossing the street (in a crosswalk) we almost got ran over by a woman who was turned around yelling at her kids. I feel that picking on cellphones and people who are reading text messages in a world where constant communication is a must is simply blaming on small thing for a much larger behavior, distracted driving. In my opinion this is like blaming the air on the fire and not the match or the fuel. Not a perfect metaphor but I have seen and witnessed many incidents where people are either yelling at kids, spouses, reading books, air drumming (guilty), or something else that is distracting them from the road. This is the actual problem, NOT the phone itself.

In addition the law will be really hard to enforce, you can read it here. From what I take from it I have my Iphone. The law states that this section does not apply to the use of a global positioning system, well since GPS is built into my phone doesn't that make it a GPS unit? They have GPS units that play music, how is that different? In addition many would say that the law says "Text messaging device" means a hand held device used to send a text message or an electronic message via a short message service, wireless telephone service, or electronic communication network" wouldn't every traffic enabled GPS device also qualify here? What about OnStar? That totally communicates through an electronic communication network. So this brings us to the final distinction, "...a hand held device". Okay so if I get a window mount for my Iphone and I am texting from there does that now mean that this device no longer qualifies and I not breaking the law?

Martin O'Malley needed to not pass a law that attacks a certain device being used a certain way and instead attacks an entire behavior, distracted driving. Pull people over for turning around, looking at the back seat and talking to their passengers, this is VERY dangerous.  The reality of the situation is that people are just going to hold their phones in their laps, farther away from the road, and this will make an even more dangerous situation. The law is almost unenforceable and I plan on keeping a copy in my glove box in the event I get pulled over.