5.3 Distracted Driving, Cell Phone & Texting Laws, and Headsets

What Distracted Driving Is

The manual defines distracted driving as taking your eyes, hands or, especially, your mind away from driving. It "causes more crashes that are reported to the police than anything else," and the manual's Focused Driver campaign says one-third of fatal crashes are caused by distracted driving. Any distraction can make you miss things that could help you avoid a crash.

Texting combines all three.

Distractions the Manual Lists

• Eating and drinking.
• Adjusting the radio or another music source.
• Adjusting or programming a GPS.
• Dealing with children and pets.
• Loose objects moving in the vehicle.
• Talking and texting on a cell phone.
• Smoking, putting on makeup and shaving.
• Reading.
• Interacting with others in the vehicle.

Set the GPS, playlist and mirrors before you move, secure loose items and pets, and pull over if a child needs attention.

Maryland Cell Phone Rules

Emergency calls are exempt from the handheld ban, including calls to 911, a hospital, an ambulance service, the fire department, police or a first-aid squad.

Penalties

• Handheld phone violation: fines of up to $75 for a first offense, $125 for a second and $175 for a third or later. Points are not assessed unless the violation contributes to a crash.
• Drivers under 18: for a wireless-device or texting violation, the MVA may suspend the license for up to 90 days, possibly with a restricted license for work or school.
• Jake's Law: a texting or handheld-phone violation that causes a crash resulting in death or serious bodily injury is punishable by up to 1 year in jail and/or a $5,000 fine, and carries 12 points.

The Manual's Safety Advice for Hands-Free Calls

Even when a hands-free call is legal, use your phone as little as possible:

• Use it only in emergencies, and if possible have a passenger make the call.
• If you must make a call, pull safely off the road and stop first.
• Let voicemail answer incoming calls.
• Keep any conversation short.

A hands-free call still takes your mind off the road. Putting the phone on Do Not Disturb, or out of reach, removes the temptation.

Headsets, Earphones and Earplugs

You may not drive wearing earplugs, a headset or earphones in both ears. Hearing aids are allowed. You need to hear sirens, horns, train signals and bicyclists.

Why Hands-Free Still Distracts

A hands-free call keeps your hands on the wheel, but your mind is still in the conversation. Drivers on calls can look straight at a hazard without processing it. That is why the manual advises keeping even hands-free calls short, or pulling over. Passengers can help: ask a passenger to navigate, answer messages or choose music, and speak up if a driver is distracted.

Work Zones and Distraction

The manual's work-zone rules specifically say to minimize distractions by avoiding cell phones, changing radio stations and eating. Conditions change constantly, and workers may be only feet away.

Be the Focused Driver

Maryland's campaign asks drivers to avoid distractions and stick to the task at hand: driving. A good rule is that if it can wait, it waits. If it cannot, find a safe, legal place to stop.

Scenario Practice

1. A 17-year-old provisional driver wants to answer a call through the car's built-in speaker. Not allowed; drivers under 18 may not use hands-free devices except to call 911.
2. An adult driver is stopped at a red light and wants to read a text. Still illegal in the travel portion of the road; wait until you are parked off the road.
3. A driver wears earbuds in both ears to listen to music. Illegal in Maryland; one ear at most, and hearing aids are fine.
4. A dog keeps climbing into the front seat. Pull over safely and secure the pet before continuing.