AUGUSTA, Maine - Fourteen states and the District of Columbia ban the hand held use of cell phones while driving. Maine would join that list under a proposal before the Legislature. But the bill includes a long list of exceptions.
Sen. Roger Katz, a Republican from Augusta, has submitted legislation that he acknowledges would directly affect him. "I am probably the worst offender of what this seeks to prevent to do, which is you can't have a hand held cell phone while driving," he said. "Let's face it: In an honest moment you all admit it is dangerous. There are studies that show that it is the equivalent of having several drinks in terms of your ability to actually concentrate on what is happening on the road. "
Katz's bill is based on legislation that failed in 2009. The new measure would establish a fine of $50 for the first offense, with second and any further offenses with a fine of $250 each. The measure would allow the use of hands-free phone devices, including those found in many newer model cars and trucks.
Robert Schwarz, executive director of the Maine Chiefs of Police Association, says the group has endorsed the thrust of the bill. "There have been numerous accidents across the state from people texting and using their cell phones," he said, "so for that reason we support the safety of the public, that no one use a cell phone while driving."
The legislation as drafted exempts certain drivers, including commercial truckers, doctors, and drivers of emergency vehicles, including police officers and EMT's. It also has an exception for municipal public works drivers and Maine Turnpike Authority and Department of Transportation personnel and their contractors.
Schwarz says the Police Chiefs want no exceptions to the ban. "We do not support any exemptions in the cell phone bill," he says. "Anyone can have an accident, law enforcement or a citizen on the street. If you're distracted and talking on the phone or texting, you can have an accident, like anyone else."
Katz says he understands the concerns raised by the Chiefs of Police group. "It will be a very interesting debate about who ought to get exemptions," he said. "Should police get them? Should other first responders get them? I am not married to that particular list, but I think that is where the debate ought to be. Who gets the exemptions?"
Rep. Andrew McLean, a Democrat from Gorham, co-chairs the Legislature's Transportation Committee, and he agrees with Katz that the real battle in committee will probably be over the exceptions provision.
"This is something that I think we deal with quite often when we try and talk about a safety regulation," McLean says. "A lot of people want exceptions. And I think in some cases there are legitimate exceptions."
McLean says he expects those that want exceptions, or oppose them, will show up for the bill's public hearing, which has yet to be scheduled.
