And You Thought Common Sense Had Returned…

March 19th, 2008 by Kenneth Burns

As a former traffic reporter, I can tell you in the three years of covering traffic in Greater Washington, I have seen people do some stupid stuff behind the wheel.  From reading a newspaper or a book to grooming themselves, it amazes me what some drivers do on the interstate.

Talking on a hand-held cell phone does not seem as dangerous as it sounds, but in fact I have seen drivers impaired by doing such a practice.  They are not paying as much attention to the road and they slowdown, affecting the flow of traffic…regardless of age.

It is baffling to me that the General Assembly is taking a “do as we say, not as we do” mentality when it comes to banning talking on a phone without a hands-free device.  Keep in mind when a rash of teen driving accidents occurred a couple of years ago, one of the laws that was passed in hopes of curbing the problem was prohibiting teens from driving while talking on a cell phone, regardless of if they had hands free device or not.  Now it’s 2008 and the adults in the house and the senate deciding whether they want to lead by example or take the ever popular “do as I say” mentality.

This bill to ban hand held cell phone conversations was near death, watered down to only prohibit text messaging while driving.  The Senate did have a change of heart, but for only two years.  That’s right, the measure, assuming it would survive the House of Delegates, would only allow the ban for two years, and then it would need another approval to continue the ban.

Just to illustrate how out of touch the General Assembly is on this one, State Sen. John Astle (D-Dist. 30) proposed an amendment to ban the use of GPS units, telling The Capital that there are other things he thinks are more insidious.  I believe Mr. Astle is a fan of map books, because that would be the only way NOT to get lost in Maryland, had the amendment garnered the support needed to pass.  Oh yes, thumbing through a book is less distracting than something electronic telling you when to turn right…are you kidding me?

Driving while talking on a hand-held cell phone is dangerous not only to the person driving, but to the people around that driver.  I cannot believe that the Senators took their time in approving the ban, and the Delegates are looking to kill it…again.  Just because a driver is over the age of 18 does not make them able to drive with a hand-held cell phone.  This practice should be banned out right and without a time limit.

For the house not to pass this bill and remove the two year time limit, is hypocritical, in addition to being a double standard.  It’s saying that teens are distracted while talking on a cell phone, but adults are not because we’ve been around longer and we have more experience.  In three years of covering traffic, I can say with confidence that “no we don’t.”

You can be the most experienced driver in the world, however when you are distracted, no amount of knowledge in the world can save you from being put in a compromising position while driving.  It’s time for the adults in Annapolis to lead by example and ban text messaging and talking on hand-held cell phones while driving.

Oh, and if anyone in the house is thinking about trying to add that amendment banning GPS units again, I would caution them not to do anymore fly-by-night legislation.  We all know how that expansion of the sales tax to computer services thing is going.

P. Kenneth Burns is the editor/writer of Maryland Politics Today and a columnist of PolitickerMD.com.  He also contributes to Salisbury News and Red Maryland.  His email is kennyburns@marylandpolitics.us.

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No Reaching, While Driving: Now One Step Closer

March 19th, 2008 by Kenneth Burns

It looks like we are one step closer to no longer reaching out and touching someone on a hand-held cell phone while driving.

The Capital says that the bill faces an uncertain future in the house, which has been very unfriendly to such legislation.

The bill has a few catches however.  You can use a hand-held cell phone in emergency cases or if you are a first responder or member of law enforcement acting in a official capacity.   Also, you will not be pulled over for talking on a hand-held cell phone alone, it will be considered a secondary offense.  Your first offense will be waived, if you can prove that you purchased a hands-free device.  Now the “huh” part, the ban would only be in effect for two years.

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The Assembly This Week: O’Malley Backs An Appeal…

March 14th, 2008 by Kenneth Burns

EDITOR’S NOTE: All story links go to The Baltimore Sun, unless otherwise noted.

And just like everyone else, I find a way to enhance coverage of the General Assembly session, as it almost comes to an end.  I will try to do this once a week to sum up the happenings this week in Naptown.

O’Malley Favors REPEALING Tax Expansion
A shocking turn of events…from last week.  Governor Martin O’Malley has said that he now supports repealing the expansion of the now six percent sales tax to computer services.  The news comes after the Tech Council of Maryland held a meet up on Lawyer’s Mall to voice their opposition against the measure approved this past November and scheduled to take place this summer.   O’Malley said “I’ve never been a big fan of this computer tax.”   OK…O’Malley thought this was a bad tax, but proposing one on top of apartment rents was a good idea.

Now, to fill the hole, O’Malley (altogether now) “suggested that Maryland’s wealthiest residents ought to help make up the difference with a surcharge on their personal income taxes.”  This is especially difficult since many of the legislators cannot stomach another tax vote, especially after the special session in which they still have a lot of explaining to do to Marylanders.

Proposed Tax Hike: Dems Like It, GOP Hates It
State Sen. Verna Jones (D-Dist. 44) is proposing a plan that seems to be catching the eye of Governor O’Malley, thus proving what many people say about him not meeting a tax hike he didn’t like.

Senate President Thomas Mike Miller (D-Dist. 27) is uncommitted, the House is for it.  There is at least one Senator who likes adding a surcharge on the state’s top earners.  State Sen. Ulysses Currie (D-Dist. 25), who chairs the Senate Budget and Taxation Committee, says it plainly, “I support the idea.”

The Republicans, don’t.  House Minority Leader Anthony O’Donnell (R-Dist. 29c) calls the move “a cynical ploy.”  He adds that they know that the votes are not there.

Tough On Teen Drivers; But Not On Adults
As our legislative leaders continue to lay the smack down on teen drivers, they are still challenged when it comes to laying the equal smack down on the parents of said teens.

First in regards to the teenagers, their parents will now be notified for any moving violation committed to the teen driver.  Also, driving offenses committed by those younger than 18 would require the MVA to seek or impose a suspension of that persons drivers license.

As far as everyone else, it looks like it will be legal to drive and talk on a hand-held cell phone for at least another year.  This is assuming that the Senate votes next week, not to approve a proposal to ban the practice.  The original bill was seriously watered down to banning text messaging while driving.

Domestic Advance
The Senate has approved a bill that would grant the right to make funeral and medical decisions to domestic partners.  Although this is being seen as a step up for gay rights, the law would apply to straight couples as well.  Opponents of the bill call it an end round to Maryland’s 34-year-old ban against gay marriage.  In case you had forgotten, the Court of Appeals had overruled the decision of a Baltimore County judge that the law was unconstitutional.

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