In Maryland, it’s been illegal to use a handheld cellphone while driving for several years. However, until now it’s always been a secondary offense…meaning that an officer can’t to pull a driver over just for holding a cellphone to their ear. The officer has to observe that driver breaking a primary offense such as speeding or swerving out of their lane before they can make a traffic stop, and then cite that driver for both offenses.
On October 1, 2103, that will change.
At 12:01 a.m. on Tuesday morning, driving while using a handheld cellphone becomes a primary offense in Maryland. This doesn’t just mean holding a cellphone to your ear while driving. A cell phone on ‘speaker’ but still held in the driver’s hand is also a violation of the Hands Free law.
The first offense will result in an $83 fine. The second will result in a $140 fine. Each additional offense will result in a fine of $160. If a violation results in an accident, the driver will also have points assessed to their license.
Cell phone headsets and blue tooth devices can be purchased for much less than the $83 fine. Save yourself the cost and the headache of being pulled over. If you have to make phone calls while you’re driving, make sure you use a headset or other hands-free device.
In addition to the cell phone law, new laws go into effect on October 1 concerning seat belt use.
Starting October 1, passengers in the front and back seats are required to be properly restrained, either with a seat belt or the appropriate child safety seat. Failure to wear your seat belt in the front seat of a vehicle is a primary offense (It was already a primary offense for the driver. It’s now a primary offense for the passenger, as well). Seat belt violations in the back seat are secondary offenses.
Each person found not wearing a seat belt can receive a ticket and a fine up to $83. This includes being unrestrained or improperly restrained. (i.e., a child in the wrong car seat, more than one person secured with the same seat belt, wearing the seat belt improperly, etc.)
In addition, the driver may also receive an additional citation for each passenger under 16 years old who is not properly restrained.
Expect law enforcement to place an emphasis on enforcing this law over the next several weeks. Save yourself the fine. Keep the phone out of your hand and make sure everyone is properly buckled.
Please make sure that you, your friends, and family are aware of these law changes. The last place you want to find out about them is on the side of the road from an officer handing you a ticket.
For more information on the law changes and safety risks on Maryland roads, check out Toward Zero Deaths Maryland from the Maryland Highway Safety Office.
