Texting and Driving in Maryland: Now, No Texting Even When Stopped in Traffic

Maryland recently modified its law on texting when driving, making it illegal to write, send or read a text message with a text-messaging device while operating a motor vehicle in the travel portion of the roadway.

“Operate” means to “drive” and “drive” means “to drive, operate, move, or be in actual physical control of a vehicle.” Transp. Art. §§ 11-141 and 11-114.

“Roadway” means “that part of a highway that is…used for vehicular travel, other than the shoulder.” Transp. Art. §11-151.

A “highway” is defined as the “entire width between the boundary lines…used by the public for vehicular travel.” Transp. Art. §11-127.

“Text messaging device” means “a hand held device used to send a text message or an electronic message via a short messaging service, wireless telephone service or electronic communication network.” Transp. Art. § 21-1124.1(3).

This means that you cannot write, send or read a text message, even when you are completely stopped in traffic (say, at a red light in a long line of cars), because even when stopped, you are “in actual physical control” of your vehicle.

This changes the old law, which prohibited writing or sending a text message while the vehicle was in motion. The "in motion" element has been deleted. The State would not have to prove that your vehicle was in motion in order to convict you of this traffic offense.

If you are stopped on the shoulder you may not be in violation of this statute. The best course of action, however, is to completely pull off the roadway and into a parking lot if you need to check your messages or email while on the road.

The new law has two exceptions: use of a GPS system or making a 9-1-1 call.