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Joint Base Andrews News

NEWS | Jan. 23, 2014

24 Q&As about new Distracted Driving Policy on JBA

By Staff Sgt. Lauren Main 11th Wing Public Affairs

Q: What qualifies as distracted driving?
A: Distracted driving is defined as texting, talking, emailing or using a cellphone while operating a motor vehicle without the use of a hands-free device.

Q: What if I am stopped at a red light or a stop sign and not driving at the time?
A: Distracted driving is applicable to any vehicle that is in the flow of traffic. Regardless of being stopped at a red light or stop sign, if you are caught distracted, you will be cited.


Q: When will this policy be instated for enforcement?
A: January 6, 2014.

Q: Who can be charged with distracted driving?
A: Anyone operating a motor vehicle on Andrews can be charged with distracted driving.


Q: What are the differences in penalties for a dependent, a military member and a civilian employee who get pulled over?
A: Dependents and Civilians will be cited with a DD Form 1805 which will result in a fine and suspension. Military members will be cited with a DD Form 1408 which will result in a suspension only. The suspension for first time offenses will be 30 days, regardless of status.

Q: If I have to pay a fine, are my driving privileges still revoked?
A: Yes, your driving privileges will still be revoked.


Q: Does every civilian or dependent ticketed have to go to court?
A: No, you only go to court if you wish to rebut your citation.

Q: What happens when I go to court?
A: You will have a chance to rebut your ticket in front of a magistrate judge.

Q: Will my ticket be reported to the Maryland or Virginia department of Motor Vehicles?
A:Your citation will be reported to the Maryland Vehicle Administration.


Q: Will my insurance company find out about my ticket and raise my insurance rates?
A: There are no points applied towards your driver's license for distracted driving on base. But you should check with your insurance company to verify whether or not your rates will be affected.

Q: What if I live out of state?
A: You still have to abide by Maryland state laws if you are operating a motor vehicle in the state of Maryland.


Q: How can I get rebut the ticket?
A: If you do not pay the fine, Maryland DMV will send you a notice for you to appear in court. The court date that is listed on the ticket will be the date that you appear to rebut the citation. If you are military, you have five duty days to rebut the citation through reports and analysis.

Q: How much are the fines that individuals have to pay for distracted driving. Does it increase with the subsequent offenses?
A: The first offense will result in a fine of $83.00. The second offense will be $140.00 and the third offense will be $160.00.


Q: If I get ticketed with distracted driving, when do my base driving privileges get revoked?
A: Your driving privileges will be revoked starting the day after your citation and letter have been issued to you.

Q: If I chose to rebut my ticket, will my driving privileges be reinstated during that time?
A: No, your privileges will not be reinstated during that time.


Q: If I have to pay a fine, does it add points to my driver's license?
A: There are no points for this offense.

Q: As a military member, does it add points to my base driving record?
A: No points will be added to your base driving record for distracted driving.


Q: I commute to work, where can I park my car if I can't drive on base?
A: There is no designated location to park your vehicle if you driving privileges have been suspended. However, individuals may not leave their car at the visitor's center and walk on base.

Q: What happens if my driving privileges are revoked, but I'm caught driving anyway?
A: If you are caught driving during your suspension, you will receive an additional two year suspension.


Q: Are the penalties the same for those operating POVs versus GOVs?
A: A distracted driving citation while operating a GOV is the same as POVs, and result in a suspension of base driving privileges for 30 days.

Q: What procedures have been put in place to account for emergency situations requiring use of a phone during driving?
A: Patrolmen will use their judgment with each situation prior to citing an individual for distracted driving. All contributing factors will be taken into account prior to issuing the citation. According to the policy, the following are justifiable reasons to utilize a cellphone while driving.
· (1) Emergency use of a handheld telephone, including calls to:
(i) A 9-1-1 system;
(ii) A hospital;
(iii) An ambulance service provider;
(iv) A fire department;
(v) A law enforcement agency; or
(vi) A first aid squad;

Q: Will I be charged with distracted driving for changing the radio station, applying make-up, eating, or for similar additional activities while driving?
A: No, only texting, talking, emailing or utilizing a cellphone in any manner while driving constitute as distracted driving.

Q: What regulation allows for the issue of driving suspension without a trial?
A: AFI 31-218 and AFMAN 31-116.

Q: Will talking on a radio constitute distracted driving?
A: No, talking on a radio will not constitute as distracted driving.