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An Act To Prohibit the Use of a Mobile Telephone When Operating a Motor Vehicle Except in Hands-free Mode
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2120  is enacted to read:
§ 2120. Use of handheld 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.  "Handheld mobile telephone" means a mobile telephone with which a user engages in a telephone call using at least one hand.
 
C.  "Hands-free mobile telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of the mobile telephone, by which a user may activate and deactivate the phone and talk and listen without the use of either hand.
 
D.  "Using" means manipulating, talking into or otherwise interacting with a mobile telephone but does not include passively listening to music or other recorded sounds emanating from a mobile telephone.
 
2.  Prohibition.     A person may not operate a motor vehicle while using a handheld mobile telephone. A person may not operate a motor vehicle while using a hands-free mobile telephone unless the features of the mobile 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 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 text messaging as prohibited by section 2119 or 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 mobile telephone 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 mobile telephones while driving within the scope of their employment. The bill makes the offense a traffic infraction. This bill does not affect the current prohibition against text messaging while operating a motor vehicle.