An Act To Ban the Use of Handheld Cellular Telephones while Operating a Motor Vehicle
Maine Legislature, Session 122, LD 0525
Committee: Transportation
Sponsors: PELLETIER-SIMPSON, HOGAN, BURNS, EDER, FAIRCLOTH, PARADIS, SAMPSON, WHEELER
Amends: 29-A MRSA §2116

Legislative Document 
No. 525 
H.P.401 
House of Representatives, February 1,2005 
An Act To Ban the Use of Handheld Cellular Telephones while 
Operating a Motor Vehicle 
Reference to the Committee on Transportation suggested and ordered printed. 
Il/~ 
/J7. 7lltJ.C~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PELLETIER-SIMPSON of Auburn. 
Cosponsored by Representative HOGAN of Old Orchard Beach and 
Representatives: BURNS of Berwick, EDER of Portland, FAIRCLOTH of Bangor, PARADIS 
of Frenchville, SAMPSON of Auburn, WHEELER of Kittery. 
Printed 00 recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2116 is enacted to read: 
§ZI16. 
Use of handheld cellular telephone while operating motor 
vehicle 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Cellular 
telephone" 
means 
a 
device 
used 
to 
access 
wireless telephone service. 
B. "Handheld cellular telephone" means a cellular telephone 
with which a user engages in a call using at least one hand. 
C. 
"Hands-free 
cellular 
telephone" 
means 
a 
cellular 
telephone that has an internal feature or function, or that 
is equipped with an attachment or addition, whether or not 
permanently part of the cellular 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 cellular telephone. 
A person may not 
operate 
a 
motor 
vehicle 
while 
using 
a 
hands-free 
cellular 
telephone unless the features of the cellular 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 
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; 
Page l-LR0177(l) 
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 bill prohibits the use of a handheld cellular 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 
cellular 
telephones 
while 
driving within the scope of their employment. 
The bill makes the 
offense a traffic infraction.