Maryland recently became the eighth state to prohibit the use of handheld cell phones while driving. But unlike every other state with this law, Maryland’s new handheld ban is a secondary offense: drivers can’t be fined for using a handheld cell phone unless they are simultaneously committing a moving violation.Maryland’s new law means that even if a police officer sees a driver breaking the law by talking on his or her cell phone, the officer can’t pull the driver over unless the driver is also speeding, running a red light or committing another infraction.

The state legislature’s attempt to reduce the dangers associated with distracted driving is a good idea, but the law should’ve made handheld use a primary offense. The new law as it stands is weak and has too many loopholes to be effective.

Because it’s a secondary offense, Maryland’s handheld ban will be difficult to enforce. The driver must simultaneously commit a traffic violation in order for the officer to issue the $40-100 fine. This is problematic because an officer might see the driver on the phone, but can’t act upon this display of distracted driving unless the driver is breaking another traffic law.

Drivers are allowed to turn on or off their handheld cell phones and start or end a call so long as the actual conversation is hands-free. During the time these tasks take to be carried out, the driver momentarily diverts his or her attention and isn’t focused on the road. He or she is driving distracted, which defeats the purpose of the handheld ban: to make roads safer for motorists, pedestrians and bicyclists and reduce the number of people getting injured or killed due to car accidents.

Maryland’s texting ban went into effect last October and is a primary offense. Having two different policies for use of the same device sends mixed messages to the public: drivers talking on the phone present less of a problem than drivers texting, and it’s okay to talk with handheld device so long as you abide by the rules of the road and don’t get caught.

The state legislature elected to make the handheld ban a secondary offense because there weren’t enough votes to do otherwise. Brain Frosh, a Montgomery County senator for the Maryland legislature, speculated that the policy made talking on a handheld phone a secondary offense because making it a primary offense right away would be too jarring for drivers with such an engrained habit. The purpose of a handheld ban, however, is to stop drivers from using the phone completely, not slowly wean drivers away from this practice.

Of the ten places (eight states, Washington D.C. and the Virgin Islands) that have the cell phone ban, Maryland is the only state with the handheld ban as an ineffective secondary offense, which should be amended to match the other handheld bans.