An Act To Prohibit the Use of a Handheld Cellular Telephone while Operating a Motor Vehicle
Maine Legislature, Session 123, LD 0114
Committee: Transportation
Sponsors: BERUBE, BEAUDOIN, FINCH, SIMPSON, TUTTLE, BARTLETT, BEAUDETTE, BROWNE, JACOBSEN, PILON, SULLIVAN
Amends: 29-A MRSA §2116

Legislative Document 
No. 114 
H.P.106 
House of Representatives, January 9,2007 
An Act To Prohibit the Use of a Handheld Cellular Telephone while 
Operating a Motor Vehicle 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative BERUBE of Lisbon. 
1J1~ 
/J7.11!t2C~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BEAUDOIN of Biddeford, FINCH of Fairfield, SIMPSON 
of Auburn, TUTTLE of Sanford, Senator BARTLETT of Cumberland and 
Representatives: BEAUDETTE of Biddeford, BROWNE of Vassalboro, JACOBSEN of 
Waterboro, PILON of Saco, Senator: SULLIVAN of York. 
Prmteu Oil reqckt.1 pupt'r 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRSA §2116 is enacted to read: 
§2116. Use of handheld cellular telephone while operating motor vehicle 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "Cellular telephone" means a device used to access wireless telephone service. 
B. "Handheld cellular telephone" means a cellular telephone intended to be held with 
one hand while a user engages in a telephone call. 
C. "Hands-free cellular telephone" means a cellular telephone that has an internal 
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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: 
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 drivers of authorized emergency vehicles, including law 
enforcement officers, corrections officers and firefighters; 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 
Page I - 123LR01l9(Ol)-1 
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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.