Maryland Transportation Authority: Negligent driving can be used as pretext for stopping drivers using cell phones

The Maryland Transportation Authority is warning that the fact that the ban on using a cell phone while driving is a secondary offense  does not mean a motorist will not be pulled over. The law goes into effect on Friday.

The new law is a secondary offense, meaning  a driver must first be detained for another offense, such as speeding or negligent driving, before he or she can be ticketed for a cell phone offense. However, the authority pointed out that  negligent driving is a  primary offense in Maryland and "can be used as a precursor to citing violators of the new cell phone law." Officers in neighboring Cecil County have already indicated there will be no phase-in period for the law and will write tickets.

The authority has a police force numbering approximately 600 and has a presence around toll roads and bridges in the state, with the exception of the Hatem Bridge on Route 40, between Harve de Grace and Perryville.

The law states that using a  hand-held cell phone while operating a motor vehicle on a street or highway in Maryland is prohibited. Phone calls placed to 911, ambulance, hospital, fire or law-enforcement agencies are permitted, as are calls made by emergency and law-enforcement personnel.  Drivers under the age of 18 already are prohibited from using cell phones while driving.

The fine for the first offense is $40 and subsequent offenses are $100. Points are not assessed to the first-time violator's driving record, except three points are assessed if the violation contributes to a crash. If a violator has a second or subsequent offense, he or she receives one point plus the fine.

Maryland  joins seven other states (Calif., Conn., Del., N.J., N.Y., Ore. and Wash.), Washington D.C. and the Virgin Islands in banning hand-held cell phone use while driving. Delaware's ban goes in to effect in early January of 2011.