An Act To Prohibit the Use of Handheld Cellular Telephones while Driving
Maine Legislature, Session 124, LD 0112
Committee: Transportation
Sponsors: CROCKETT, SULLIVAN, BRIGGS, FINCH, HARLOW, JONES, JOY, MILLER, PRATT, GERZOFSKY
Amends: 29-A MRSA §2117

Legislative Document 
No. 112 
H.P.96 
House of Representatives, January 12,2009 
An Act To Prohibit the Use of Handheld Cellular Telephones while 
Driving 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative CROCKETT of Augusta. 
Cosponsored by Senator SULLIVAN of York and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRIGGS of Mexico, FINCH of Fairfield, HARLOW of Portland, JONES of 
Mount Vemon, JOY of Crystal, MILLER of Somerville, PRATT of Eddington, Senator: 
GERZOFSKY of Cumberland. 
Prinlcd llll rccydcd paper 
Be it enacted by the People of the State of Maine as follows: 
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Sec. 1. 29-A MRSA §2117 is enacted to read: 
§2117. 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 
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permanently pali of the cellular telephone, by which a user may activate and 
deactivate the cellular telephone and talk and listen without the use of either hand. 
D. "Using" means manipulating, talking into or otherwise interacting with a cellular 
telephone. 
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. 
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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 previously having been 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 a person operating a motor vehicle 
within the scope of that person's employment: 
A. A driver of an authorized emergency vehicle as defined in section 2054, section I, 
subsection B; 
B. A physician; 
C. A holder of a commercial driver's license; and 
D. Municipal public works personnel, Maine Turnpike Authority personnel and state 
transportation personnel, including all employees and contractors of the department. 
SUMMARY 
This bill prohibits the use of a handheld cellular telephone while operating a motor 
vehicle and makes the offense a traffic infraction. The bill clarifies that law enforcement 
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officers, corrections ofticers, firefighters, drivers of authorized emergency vehicles, 
holders of commercial driver's licenses, physicians, municipal public works personnel, 
Maine Tumpike Authority personnel and state transportation personnel, including all 
employees and contractors of the DepaJiment of TranspOliation, may use handheld 
cellular telephones while driving within the scope of their employment.