An Act To Prohibit the Use of a Handheld Mobile Telephone While Driving Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 29-A MRSA §2115 is enacted to read: §2115. Use of bandheld mobile tele,vhone while operating motor vehicle 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 call using at least one hand. Page l-LR0208(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 0192
Committee Amendment CA_A_H288 (House)
Amends: 29-A MRSA §2115

COMMITTEE AMENDMENT 
Act to Prohibit the Use 
Driving" 
"/I,, to H.P. 151, L.D. 192, Bill, "An 
of a Handheld Cellular Telephone While 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Prohibit the Use of a Handheld Mobile Telephone While 
Driving' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 29-A MRSA §2115 is enacted to read: 
§2115. 
Use of bandheld mobile tele,vhone while operating motor 
vehicle 
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 call using at least one hand. 
Page l-LR0208(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,/f., to H.P. 151, L.D. 192 
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. 
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 
telephone that allow hands-free 
operation are being used. 
3. 
Pena1ty. The following penalties apply to violations of 
this section. 
A. 
A person who violates this section commits a traffic 
violation 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; 
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 of 
Transportation. ' 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee on Transportation. 
It adds definitions to clarify the 
meaning of terms used and adds physicians to the list of people 
allowed to use a handheld mobile telephone when operating a motor 
vehicle within the scope of their employment. 
FISCAL :'\OTE REQUIRED 
.(~~e attached) 
COMMITTEE AMENDMENT 
Approved: 05105103 :J/:?ae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LDl92 
An Act to Prohibit the Use of a Handheld Mobile Telephone While 
Driving 
LR0208(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Transportation 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new traffic infraction. 
LR0208(2) - Fiscal Note - Page 1 of 1