Maryland needs to fall in line with other states and strengthen its distracted driving laws, proponents said at a bill hearing Tuesday in Annapolis.

Nine states and the District of Columbia have hand-held cell phone bans and enforce the law as a primary offense.

Maryland is the only state where flouting the cell phone ban is a secondary offense, meaning drivers must violate another rule of the road before police can pull them over.

John T. Kuo, the state’s motor vehicle administrator, cited information from the Governors Highway Safety Association that shows more than a 20 percent increase in compliance with such laws when they are a primary offense.

In fiscal 2011, the Administrative Office of the Courts reported 6,238 citations for drivers arrested for talking on their phones at a time when they also committed another traffic violation.

The bill, sponsored by Del. James E. Malone Jr. (D-Dist. 12A) of Arbutus, Del. A. Wade Kach (R-Dist. 5B) of Cockeysville and Del. Galen R. Clagett (D-Dist. 3A) of Frederick, also would ban drivers under 18 from using a wireless device, including Bluetooth technologies.

Robbie Leonard of the Maryland Office of the Public Defender said making cell phone communication a primary offense and having different rules for drivers under 18 would lead to a “highly imprecise guessing game by police officers” when deciding whether to stop someone.

“Making it a primary action means you’re stopping a person who is otherwise safely operating his motor vehicle,” Leonard added.

Malone said his intent was to make sure anyone with a Maryland provisional driver’s license won’t be “doing anything but having their hands at 9 and 3.”

The bill also increases the penalties for the offenses. Violators of the law are would be subject to a maximum penalty of $500 and the assessment of points against their driver’s license.

If drivers older than 18 buy hands-free devices before their court dates, judges can waive the penalty for a first offense, according to the bill.

Ragina C. Averella, AAA Mid-Atlantic’s manager of public and government affairs and a former Baltimore City police officer, said distracted driving resulting from cell phone use is a growing safety concern and the primary enforcement mechanism was a welcome change.

Averella told lawmakers about a National Highway Traffic Safety Administration study that concluded 13.5 million drivers were using hand-held cell phones at a given daylight moment in the U.S.

“We know that despite whatever laws are being passed, it is a behavior that’s still occurring behind the wheel,” she said. “We certainly believe that this [bill] would give law enforcement the ability that they need to actually enforce the law.”

dgaines@gazette.net