An Act To Prevent Distracted Driving LR0095(02)
Maine Legislature, Session 121, LD 0836
Committee Amendment CA_A_H287 (House)
Amends: 29-A MRSA §2115

COMMITTEE AMENDMENT "fr· to H.P. 613, L.D. 836, Bill, "An 
Act To Prevent Distracted Driving" 
Amend 
the bill by striking out all of section 
and 
inserting in its place the following: 
· Sec. 1. 29-A MRSA §2115 is enacted to read: 
§2115. 
Distracted driving 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A 
"Distracted driving" means operating a motor vehicle on 
a 
public way while engaged in an activity not directly 
related to and in a manner that interferes with the safe 
operation of the motor vehicle. 
Distracted driving may 
include, but is not limited to, use of a mobile telephone, 
eating or grooming. 
B. 
"Mobile telephone" means a device used by subscribers 
and other users of wireless telephone service to access such 
service. 
2. 
Violation; 
enforcement. 
Except 
as 
provided 
in 
subsection 3, a person who engages in distracted driving commits 
a traffic infraction. 
This subsection may be enforced only if a 
law enforcement officer has detained the operator of the motor 
vehicle for a suspected moving violation as defined in section 
101, subsection 44. 
Page l-LR0095(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" If to H. P. 613, L.D. 836 
3. Exception. 
Use of a mobile telephone in a manner that 
interferes with the safe operation of a motor vehicle does not 
constitute distracted driving if the mobile telephone is used 
under the following circumstances; 
A. 
The operator has reason to fear for the operator's life 
or safety or believes that a criminal act may be perpetrated 
against the operator or another person: or 
B. 
The operator is using the mobile telephone to report to 
appropriate 
authorities 
a 
fire, 
a 
traffic 
accident, 
a 
serious road hazard or 
a 
medical or hazardous materials 
emergency or to report the operator of another motor vehicle 
who is driving in a reckless, careless or otherwise unsafe 
manner or who appears to be driving under the influence of 
alcohol or drugs. 
A mobile telephone user's telephone records or the testimony or 
written statements 
from authorities receiving such calls are 
sufficient evidence for establishing the purpose of a call and 
the applicability of this subsection. 
4. 
Preemption. 
This section supersedes and preempts all 
municipal ordinances relating 
to the use of a mobile telephone 
by an operator of a motor vehicle.' 
SUMMARY 
This amendment replaces the bill. 
It is the majority report 
of the Joint Standing Committee on Transportation. It provides 
definitions of "distracted driving" and "mobile telephone." It 
establishes certain exceptions from the definition of "distracted 
driving." 
It preempts municipal ordinances relating to the use 
of mobile telephones. 
FISCAL :\'OTE REQuIRED 
(See attached) 
COMMITTEE AMENDMENT 
t 
Revision: 05/06/03 :;:1dac. 
Office of Fiscal and Program Review 
LD836 
An Act To Prevent Distracted Driving 
LR0095(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new traffic infraction 
LR0095(2) - Fiscal Note - Page 1 of 1