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An Act To Prohibit Certain Uses of Cellular Telephones and Handheld Electronic Devices while Operating a Motor Vehicle
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2119  is enacted to read:
§ 2119. Use of cellular telephone and handheld electronic device while operating motor vehicle
 
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.
 
B.  "Handheld cellular telephone" means a cellular telephone with which a user engages in a call using at least one hand.
 
C.  "Handheld electronic device" has the same meaning as in section 2116, subsection 1, paragraph A.
 
D.  "Hands-free cellular telephone" means a cellular telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of the cellular telephone, by which a user may activate and deactivate the phone and talk and listen without the use of either hand.
 
E.  "Using" means manipulating, talking into or otherwise interacting with a cellular telephone or handheld electronic device but does not include passively listening to music or other recorded sounds emanating from a handheld electronic device.
 
2.  Prohibition.     A person may not operate a motor vehicle while using a handheld cellular telephone or a handheld electronic device. A person may not operate a motor vehicle while using a hands-free cellular telephone unless the features of the cellular telephone that allow hands-free operation are being used.
 
3.  Penalty.     The following penalties apply to violations of this section.
 
A.  A person who violates this section commits a traffic infraction for which a fine of not less than $50 may be adjudged.
 
B.  A person who violates this section after being adjudicated as violating this section commits a traffic infraction for which a fine of not less than $250 may be adjudged.
 
4.  Exception.     This section does not apply to the following persons operating a motor vehicle within the scope of their employment:
 
A.  Drivers of authorized emergency vehicles as defined in section 2054, subsection 1, paragraph B;
 
B.  Physicians;
 
C.  Holders of commercial driver's licenses; and
 
D.  Municipal public works personnel, Maine Turnpike Authority personnel and state transportation personnel, including all employees and contractors of the department.
 
SUMMARY
This bill prohibits the use of a handheld cellular telephone and a handheld electronic device while operating a motor vehicle. The bill clarifies that law enforcement officers, corrections officers, firefighters, drivers of authorized emergency vehicles, holders of commercial driver's licenses, physicians, municipal public works personnel, Maine Turnpike Authority personnel and state transportation personnel, including all employees and contractors of the Department of Transportation, may use handheld cellular telephones while driving within the scope of their employment. The bill makes the offense a traffic infraction.