An Act To Prevent Distracted 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 §2116 is enacted to read: §2116. Distracted driving 1. Definition. As used in this section, unless the context otherwise indicates, "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. 2. Violation; enforcement. 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. 3. Preemption. This section supersedes and preempts all municipal ordinances relating to the use of a mobile telephone by an operator of a motor vehicle. Page l-LROl77(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0525
Committee Amendment CA_A_H164 (House)
Committee: Transportation
Amends: 29-A MRSA §2116

COMMITTEE AMENDMENT "A" to H.P. 401, L.D. 525, Bill, "An 
Act 
To 
Ban 
the 
Use 
of 
Handheld 
Cellular 
Telephones 
while 
Operating a Motor Vehicle" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Prevent Distracted 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 §2116 is enacted to read: 
§2116. 
Distracted driving 
1. Definition. 
As used in this section, unless the context 
otherwise indicates, "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. 
2. 
Violation; 
enforcement. 
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. 
3. Preemption. 
This section supersedes and preempts all 
municipal ordinances relating to the use of a mobile telephone by 
an operator of a motor vehicle.' 
Page l-LROl77(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "R" to H.P. 401, L.D. 525 
SUMMARY 
This amendment is a minority report of the Joint Standing 
Committee on Transportation. 
The amendment replaces the bill and 
provides a definition of "distracted driving." 
It provides that 
a person who engages in distracted driving commits 
a traffic 
infraction. 
It also provides that a distracted driving violation 
may be enforced only if a law enforcement officer has detained 
the operator of the motor vehicle for a moving violation. It also 
preempts municipal ordinances relating to the 
use of mobile 
telephones. 
FlSCAL NOTE REQUIRED 
(See attached) 
COMM/rrEE AMENDMENT 
Approved: 04/04/05 ~ae 
LD525 
LR 0177(02) 
An Act To Ban the Use of Handheld Cellular Telephones while Operating a Motor Vehicle 
Fiscal Note for Bill as Amended by Committee Amendment A 
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 
The collection of additional fines may increase General Fund revenue by minor amounts 
LROl77(2) - Fiscal Note - Page 1 of 1