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"Driving While Distracted" Laws Now in Effect

September 15, 2009 - AUGUSTA -- Motorists, drop those cell phones. And lose the laptops, bag the Big Macs, and nix the newspapers and roadmaps while you're behind the wheel. It's now against the law to drive while distracted in Maine.

The law is among dozens of new statutes affecting not only motorists and motorcyclists, but bicyclists, ATV operators, smokers, consumers, home buyers and even funeral directors that go into effect today, the 90th day after the close of this year's legislative session.

More than a dozen states have passed laws making texting while driving illegal, and some states and cities have outlawed use of cell phones while driving. A bill in Congress would force states to ban texting or e-mailing or lose 25 percent of their annual federal highway funding.

Maine legislators, however, reasoned that accidents can result from a number of distractions not just limited to handheld communication devices. Roughly 12,000 crashes in Maine each year -- about a third of the total crashes in the state -- stem from some kind of driver distraction, said Lt. Chris Grotton, who helped to develop Maine's new law.

"Our focus here was, instead of going after the device, let's focus on the real issue -- and the issue is distraction," said Grotton. "I think it will mitigate accidents. It's a step, but a big step."

State Sen. Bill Diamond, D-Windham, said he was moved to introduce the bill after a state trooper reported seeing a woman driving through turnpike toll booths during the 4th of July weekend while watching the "Gilmore Girls" on her laptop.

Maine's new law, which sets fines of up to $500, defines "distracted" as being engaged in an activity not necessary to the operation of the vehicle and that impairs, or could impair, the ability to drive safely.

As Diamond explains it, doing something that takes a driver's concentration off the road and could potentially cause an accident becomes illegal. It doesn't make any particular action illegal, as long as the driver isn't distracted, said Diamond.

Motorcycle operators also have some new rules to observe.

Motorcyclists and passengers up to age 18 must wear helmets. Under the old law, passengers under 15 were required to wear helmets, along with motorcycle permit holders and those who'd held their licenses for less than a year.

Maine bicyclists have to observe the same law as motorists when it comes to passing stopped school buses. Bicyclists are no longer allowed to pass a stopped school bus whose red lights are flashing.

Also effective Saturday, game wardens must have reasonable suspicion that a violation has occurred before stopping an all-terrain vehicle. The new law reverses a state supreme court decision that allowed game wardens to stop ATV operators regardless of whether they thought the operator had violated a law.

Pedestrians and joggers will find more room on Maine's roadsides. A new law requires motorists to give walkers and runners at least 3 feet of clearance and allow operators to pass pedestrians only when it's safe.

Land managers must notify abutting landowners when pesticides are being applied. Property owners can also request to be on a registry of citizens who receive information on pesticide applications.

Momentum to restrict and discourage smoking also continues. It's now against the law to smoke in all outdoor public dining areas, such as patios and decks.

On the energy front, a new law restricts regulations and bylaws that prevent renters and condominium owners from setting up energy-saving solar units and clothes lines.

Communities that opt to have ordinances regulating where registered sex offenders may live have to abide by new state standards. Offenders may not live within 750 feet of public or private schools or playgrounds. Some registered sex offenders can be removed from the state's list, upon their request, provided they have completed their sentences, commit no additional crimes and meet other standards.

School bus drivers and attendants have been added to the list of those who must report suspected child abuse. Present law applies to others whose jobs bring them in contact with children, such as child care workers and teachers.

A measure aimed at streamlining and clarifying Maine's marijuana laws makes possession of up to 2 1/2 ounces of the drug, double the weight under current law, a civil violation. The law also creates an offense of criminal possession of marijuana for possession of at least 4 ounces.

Brew pubs can now sell half-gallon jugs known as "growlers" over the counter instad of just in their retail stores. Also, out-of-state vineyards and producers will be allowed to ship wine to Maine homes.

Funeral directors must keep cremated remains for only one year instead of four. The law brings Maine's law in sync with most other states on the issue.

Finally, a new law further cracks down on the use of the word "squaw," which is considered offensive by many Indians. The new law prohibits any derivation of the word -- "squa," for example -- in naming places in Maine. The law expands on legislation enacted in 2000 that banned the word on public place names.

One of laws that received the greatest public attention during this year's session -- Maine's gay-marriage law -- was among those scheduled to take effect Sept. 12, but it was stayed because of the people's veto referendum. Changes in the tax code that lower income-tax rates but broaden the sales-tax base take effect Jan. 1, 2010.

BY GLENN ADAMS
Associated Press Writer
09/12/2009


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