State targets distracted driving
maine law?

State targets distracted driving


By Mal Leary
Capitol News Service

AUGUSTA, Maine — After considering several bills last session that would ban the use of cell phones and electronic devices by people driving vehicles, Maine lawmakers came to a simple conclusion: Don’t focus on the devices, target distracted driving instead.

Maine’s approach is now drawing national attention.

“We cannot just focus on cell phones or the electronic device of the day that people are interested in at that moment,” said Sen. Bill Diamond, D-Windham, sponsor of Maine’s distracted driving law which takes effect on Sept. 12. “What we do is focus on the behavior, not what specifically caused it.”

Under the new law, a driver who commits infractions such as running a red light or stop sign can be ticketed for those violations and also cited for distracted driving if a police officer believes that to be the underlying cause.

The fine for a single traffic infraction under state law can range up to $500 with the surcharges and fees added to the original ticket amount.

Diamond said he is very upset that Bush administration officials withheld government test data that indicates a person is much more likely to be in an accident if they engage in behavior that distracts them from driving.

“This information that was suppressed shows why this law is needed,” he said. “It is eye-opening.”

The data, released earlier this summer after several news organizations filed Freedom of Access requests, indicates a person is four times as likely to be involved in an accident when using a cell phone, the same as a person with a .08 blood-alcohol content.

Another study, where cameras recorded drivers in 100 vehicles over a year, found that drivers using a hand-held device were three times more at risk of a crash or a near crash than other drivers.

Members of the state’s congressional delegation said the approach the legislation uses is drawing national attention.

“I discussed this with [Transportation] Secretary [Ray] LaHood when he visited the University [of Maine],” said Rep. Mike Michaud, D-Maine. “He is very interested in this approach instead of trying to ban every new device that somebody thinks of.”

Michaud said he has also discussed the state legislation with other members of the House Transportation Committee, on which he serves. He said panel members are interested in the approach as an alternative to the several bills banning cell phones or other devices that are pending before Congress.

“I hope to get Sen. Diamond to Washington to testify about his bill,” he said.

Sen. Susan Collins, R-Maine, said the approach Diamond uses is interesting and is an example of the state’s fashioning a solution to a problem that is better than several proposals before Congress that would penalize states that do not ban cell phone use, or ban the use of some other device while driving.

“People can be distracted while driving by many things,” Collins said. “I think this may be a better approach.”

Maine law enforcement officials are holding training sessions across the state to explain the new law and how it will work. Most expect officers will give out warnings for the first few months before writing tickets.

“There are so many things going on in a car today that can be a distraction,” said Col. Pat Fleming, chief of the Maine State Police. “It is a better approach to go after the behavior and not write a ticket for using a phone or a computer or whatever it is somebody’s doing that distracts them.”

He said earlier this year a woman in Bangor drove through a barrier into a section of road under construction. She was distracted by watching her GPS device and not the road, Fleming said.

He said the new law will help the goal of improving safety on the state’s roads. Lincoln County Sheriff Todd Brackett, president of the Maine Sheriffs’ Association, agreed.

“This is another tool for law enforcement,” he said. “It’s a problem all of us face and this is a good approach.”

Robert Schwartz, executive director of the Maine Chiefs of Police Association, said it will take time to see if there are any changes needed in the law to improve it. He said training updates under way for all police agencies include information on the new law.

“We’re going to have to see what it is they want for proof in court,” he said. “What is it the judge wants as proof a person was distracted while driving. It may take a while to get that all worked out.”

Diamond said he expected there may have to be “tweaks” to the new law once it is in use. He said the law is drafted to give officers flexibility and that distracted driving may be an additional ticket, not the primary offense.

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Comments
37 comments on this item

I agree. I'm surprised someone didn't come up with this sooner.

If you get a ticket for ANY driving infraction in Maine, contest it. DO NOT admit fault and pay right away...this ties up the courts, costs them $$, and you'll be able to plea a much lesser fine after stalling. If you do wish to fight it in court, the odds are with you the cop won't show.

Screw the Man!

It's always Bush's fault

Oh dear. Another law "drafted to give officers flexibility," which is sort of legislative shorthand for "we can't be bothered to spell out what the offense actually IS, but you did it if an officer says you did." The motoring equivalent of Mr. Justice Potter's famous declaration regarding obscenity, "I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it." Lovely. There's clearly no potential for abuse THERE.

As an aside, there's an interesting correlation, I think, between the proliferation of this sort of thing (note the phrase "additional ticket" above, as well) and the state's increasingly desperate need for income of any kind. Now, correlation does not necessarily imply causation, and I'd be the last person to impute to our state government some kind of strange conspiracy to impose hidden taxes on motorists by making up fake traffic offenses - only a paranoid wacko would go there - but the pattern is... striking.

I cant see the cops abusing this one.

Thank you, wspahn. And, for that matter, thank you, begformercy. Occasionally there really are intelligent comments recorded here that show some members of the citizenry to be far more intelligent than the run-of-the-mill legislator.

This proposed law is full of holes and no doubt still open to successful appeal but in the plutocracy that is ours only the wealthy with their hired guns dispatched to court (and the truly determined) will be able to avoid this latest form of taxation.

The police officer -- and as a practical matter the police officer who actually shows up in court is almost always right -- can successfully testify that the "perp" was talking to his passenger, brushing his teeth, reaching for the radio, swiveling his head to view the sunrise, who knows what. Driving a motor vehicle in inherently dangerous and any of these activities is potentially fatal, but where does it end?

EVERYTHING is a distraction.

always bush's fault is right

and alcohol

The cops are just as guilty as anyone else regarding cell phone and computer use while driving. I think they brake more traffic laws than the average driver! How often do you see a police car speeding when the blue lights are not on and they are not responding to a call?

Just make *everything* illegal and call it a day. Where does it all end?

So who does the trooper ticket? The driver or the topless woman on the riding lawnmower?

Am I the only person to have witnessed a police officer using his lap top computer while he's driving?

Will there be a different set of rules for "the man"?

I notice a lot of people don't use signals anymore. They just stop in the middle of the road for no reason and then make a turn. Is this because one hand is on the phone and the other hand is on the wheel and there isn't another hand to work the signal lever? This distracted stuff can be dangerous.

Distracted driver law???. Only in Maine. This is one more way to get pulled over for ANY REASON THE OFFICER SEE'S FIT....What a bunch of crap. Another fine example of the liberal elite knowing whats best for the comrades of Maine. As far as Susan Collins thinking this is a good idea...of course it is Susan..When you have never had an original idea in your life, everyone else's are always good. Enjoy your last few months as senator...

Lets see, um, people are stupid. Lets legislate a bill to exploit stupid people. How about the radio station that blares out an ad with a car horn or screaching tires, oh I guess I shoud have shut that off while driving too. How about the mini van Mom with the kid vomiting in the back seat? Or the guy having a heart attack behind the wheel?

Well said wspahn. Nice to see actual intelligent and well thought out commentary. Two things I thought of also. Number One, I don't think I EVER heard about this "Law" being presented in the legislature. Why odes BDN write up a big story now. Number Two, Could a police officer then ticket anyone with bored and now unruly children in the car? I certainly found that a big distraction when mine were younger. I'm just sayin'.

How about fixing our roads and brining them up to the standards of traffic for the 21st century. We drive on roads designed for traffic of the 1950's. Our roads are a mess. When you drive on a road that your constantly avoiding pot holes( to include driving in the oncomming lane) isn't that a distraction of the worst kind? Lets take RT.2 in Hermon for example. The state should be real proud of it. As a good Mainer I should be more understanding of the fact that its more important to feed the coffers of DHHS so that the lazy, uneducated ,breeding factories of Maine can get fed, heated, cooled, cell phoned, and made very comfortable in their god granted lifestyle they choose. As a good Mainer I should be proud that we have a government in Augusta that has nothing better to do than make laws that more and more violate our civil rights, because don't forget....diving in Maine is a PRIVILEGE not a RIGHT.

Freedomfighter, Fixitnow - I agree with both things you said. We were brought up to be courteous on the road, let the other driver have it HIS way?? I do notice that signal lights on vehicles are no longer being used, they just whip in and out of places without any courtesy of using the signal light. Also the word "Yield" on the merging ramps has NO meaning whatsoever and almost every time it has happened to us, it was a cellphone holding driver - you have to watch out for them. Maybe the "Yield" sign is on the wrong side of the road and the driver cannot see it??? We always try to be in the far lane when we come near an on- ramp, but sometimes that cannot happen especially in thick traffic. And yes, the roads all over Maine are in deplorable condition especially after this Spring with all the rain we had. Our road is so bad that I actually called the DOT in Augusta to see if they planned to do anything to repair - even a "skinny coat" wuld help - but they said No - nothing is going to be done to your road in the near future--- hmmmm 10 miles of pure agony, not to mention the destruction of our vehicles!!! hmmmmm ---neat huh!!!

Ok really, we need a test to say if you are doing something else then watching the road when you drive its more dangerous. and then diamond actually says this test should have been made available because it was a real eye opener. Bill Diamond if you needed a test to tell you that i am real worried about your driving skills. YOU CANT REGULATE STUPID.

I hope this will get the women and their glued on cell phones off the road. why don't they just have the phone implanted? Should be enough space.

TheBear: You are right....a lot of women do talk on cell phones while driving (I am not one of them however), but I also see plenty of men doing the same thing...Just saying....

Other things that cops should be focusing on and watching out for include, many many motorists not stopping at designated walksways and allowing pedestrians to cross the street. It happens ALL the time, and often in downtown Bangor. Just the other day, I and a friend were trying to cross the street at one of those white crosswalks with the sign, and about 12 cars drove brazenly through before a good person stopped to let us cross. And another day recently, a young woman (yes, it was a woman) talking on her cell phone in her SUV was stopped at a stop light with her vehicle covering the whole white crosswalk lines on the street. Therefore the walkers had to walk out into the part of the street where they are not supposed to. She was yakking away on her cell phone, oblivious to what she was doing! It is crazy out there! (an not particularly safe sometimes...)

HANG UP AND DRIVE - GRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR - Gawd help the idiot who ever causes me to be involved in an accident because they had a cell phone stuck to their head!

although from what I understand this is only if you cause an infraction...so I don't plan on that...

I love how this is being touted as a lew approach to the problem of distracted driving. A distracted driving law has already been on the books for many years in Connecticut, although it has rarely been used or enforced. The law there targets reading, talking to others oin the vehicle, shaving, putting on make-up, fiddling with the radio, or any number of things that can distract the driver. Connecticut also has a cell phone ban, which is also ignored by most drivers, and especially the police, who are some of the biggest violators of the law. Why not have drivers just try to slow down and use some common sense while driving. If not, then let the police ticket them for reckless driving period.

It might also be a good idea to elect some lawmakers with common sense as well.

sandih: Well, you sure made your point....over and over again!!!

Sorry, I don't know how that happened. "OOPS"

Its all Obama's fault now , Bangorian GW has left the White House , you can't blame him anymore. Might just as well blame R. Nixon for NAFTA.

A thousand years ago when I got my license (1969) my driving instructors said that Maine had a law about driving while distracted (although he didn't use exactly those words). One thing I distinctly remember was that you could be cited for drinking water while driving. There were a lot fewer accidents in those days. Even driving while bare-foot was illegal.

As others have pointed out, this is not a Maine invention. Laws like this are already on the books in UT and CT, probably elsewhere too. But now that Maine jumps in, it deserves national attention :-) Three's a party! It is a vague and subjective law. This is what happens when you try to legislate common sense.

*******JUST ANOTHER WAY TO TACK ON ANOTHER TICKET

...DONT YOU SEE IT PEOPLE ...ITS ALL ABOUT THE MONEY

OH....... AND HOW DO WE REPORT COPS THAT ARE TALKING ON THEIR PHIONES????????

----i HAVE SEEN QUITE A FEW ALREADY...PATHETIC!!!!!

THEY DO AS THEY PLEASE AND WE PAY THEIR WAGES----HMMMMMMMMMMMMMMMMMM

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