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An Act To Prohibit the Handling of a Mobile Telephone While Operating a Motor Vehicle
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2120  is enacted to read:
§ 2120. Handling mobile telephone 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.  "Mobile telephone" means a device used to access wireless telephone service.
 
B.  "Handling" means manipulating, talking into or otherwise physically interacting with a mobile telephone.
 
2.  Prohibition.     A person may not operate a motor vehicle while handling a mobile telephone.
 
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 having been previously adjudicated as violating this section commits a traffic infraction for which a fine of not less than $250 may be adjudged.
 
4.  Exceptions.     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 operating a motor vehicle while handling a mobile telephone. The bill allows certain people to handle mobile telephones while driving within the scope of their employment, including 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. The bill makes the offense a traffic infraction.