Maine Revised Statutes

§2119. Text messaging while operating motor vehicle; prohibition

1. Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Cellular telephone" means a device used to access wireless telephone service. [2011, c. 207, §1 (NEW).]
B. "Portable electronic device" means any portable electronic device that is not part of the operating equipment of a motor vehicle, including but not limited to an electronic game, device for sending or receiving e-mail, text messaging device, cellular telephone and computer. [2011, c. 207, §1 (NEW).]
C. "Text messaging" means reading or manually composing electronic communications, including text messages, instant messages and e-mails, using a portable electronic device. "Text messaging" does not include using a global positioning or navigation system. [2011, c. 207, §1 (NEW).]
D. "Operate" means driving a motor vehicle on a public way with the motor running, including while temporarily stationary because of traffic, a traffic light or a stop sign or otherwise stationary. "Operate" does not include operating a motor vehicle with or without the motor running when the operator has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary. [2013, c. 381, Pt. B, §28 (NEW).]
[ 2013, c. 381, Pt. B, §28 (AMD) .]
2. Prohibition.   A person may not operate a motor vehicle while engaging in text messaging.
[ 2011, c. 207, §1 (NEW) .]
3. Penalties.   The following penalties apply to a violation of this section.
A. A person who violates this section commits a traffic infraction for which a fine of not less than $250 may be adjudged. [2013, c. 188, §1 (NEW).]
B. A person who violates this section after previously having been adjudicated as violating this section within a 3-year period commits a traffic infraction for which a fine of not less than $500 may be adjudged, and the Secretary of State shall suspend the license of that person without right to hearing. The minimum periods of license suspension are:
(1) Thirty days, if the person has 2 adjudications for a violation of this section within a 3-year period;
(2) Sixty days, if the person has 3 adjudications for a violation of this section within a 3-year period; and
(3) Ninety days, if the person has 4 or more adjudications for a violation of this section within a 3-year period.
For the purposes of this paragraph, an adjudication has occurred within a 3-year period if the date of the new conduct is within 3 years of the date of a docket entry of adjudication of a violation of this section. [2013, c. 188, §1 (NEW).]
[ 2013, c. 188, §1 (RPR) .]
SECTION HISTORY
2011, c. 207, §1 (NEW). 2011, c. 654, §7 (AMD). 2013, c. 188, §1 (AMD). 2013, c. 381, Pt. B, §28 (AMD).

Data for this page extracted on 12/03/2013 12:00:43.