Portland Press Herald / Maine Sunday Telegram
Drivers' calls may get put on hold
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State House: A new bill would prohibit phoning, texting or other activities that can distract drivers.
By DIETER BRADBURY, Staff Writer January 5, 2009

Tempted to send off a quick text message while you're cruising down the Maine Turnpike?

D-o-i-t-s-o-o-n.

Texting, checking e-mail or even just talking on a cell phone while driving could be banned in Maine, depending on how lawmakers respond to pending bills in the 124th Session of the Legislature.

Sen. William Diamond, D-Windham, says he expects lawmakers to file about 10 bills to regulate cell phone use while driving, a subject that has cropped up in every legislative session for at least a decade.

Until now, Maine legislators have been reluctant to impose tight restrictions – except on teenagers, who are prohibited from using a cell phone while behind the wheel.

But other states are moving ahead more aggressively, including California, which enacted a ban on text messaging while driving that went into effect Thursday.

Diamond, a former secretary of state who co-chaired the Legislature's Criminal Justice and Public Safety Committee last year, thinks more has to be done in Maine to keep drivers focused on the road.

To that end, he's sponsoring a bill himself to outlaw "distracted driving." The measure would impose penalties for any activity – from texting or telephoning to reading a book or applying lipstick – that takes a driver's attention off the highway.

"We've all seen people doing things they shouldn't be doing," said Diamond, a Democrat from Windham. "It's an issue that needs to be addressed."

The new California law makes that state the sixth in the nation to ban driver text messaging. The other states are Alaska, Louisiana, Minnesota, New Jersey and Washington, according to the National Conference of State Legislatures.

Laws forbidding cell phone and hands-free phone use by teenage drivers are in effect in 18 states and Washington, D.C., said Meagan Dorsch, a conference spokeswoman. Some states prohibit only bus drivers from using a cell phone, while others require any driver to use hands-free technology.

In Maine, efforts to pass legislation have run aground on a lack of data about the role of cell phone use in car accidents. Maine State Police are changing their accident reporting system so that troopers will gather information about driver inattention, said Col. Patrick J. Fleming, who heads the state police.

Rep. Anne M. Haskell, D-Portland, who co-chairs the public safety committee, is sponsoring a bill to ban cell phone use by drivers. She said accident data would help to make a case for her proposal.

"I think sometimes when the issue has come forward before, it has only been anecdotal information, and that's been a problem," she said.

Several drivers interviewed Friday said they all use their cell phones behind the wheel, even though they realize it probably reduces their attention.

"I think I'm guilty enough," said John Nauyokas of Portland. "I think it's a distraction because you're in a moving vehicle."

Heather Liebl of Portland said she has read her work e-mail and sent text messages while driving.

"Sometimes I'll look up (at the road) and wonder how long I've been looking at this e-mail," she said.

Alana Howe of Westbrook said she would oppose a law limiting cell phone use or texting in a car.

"I'm pretty good at it, but some of my friends aren't," she said. "So when they're driving I'll grab the wheel while they text."

Diamond, the Windham legislator, said he thinks the best approach to keeping drivers' eyes on the road is to penalize driver distraction in all its forms. Technology is changing so rapidly, he said, that it makes no sense to single out cell phones or other specific devices.

Diamond said he was moved to write his bill by an incident on the turnpike last summer, when a state trooper saw a woman driving through the toll booths on July 4 weekend watching a recorded episode of the "Gilmore Girls" television...


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