An Act To Prohibit the Use of a Handheld Cellular Telephone While Operating a Motor Vehicle
Maine Legislature, Session 124, LD 0041
Committee: Transportation
Sponsors: BEAUDOIN, SIMPSON, BRYANT, CASAVANT, HASKELL, LAJOIE, WAGNER, WATSON, WRIGHT
Amends: 29-A MRSA §2117

Legislative Document 
No. 41 
H.P.36 
House of Representatives, January 5,2009 
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 BEAUDOIN of Biddeford. 
Cosponsored by Senator SIMPSON of Androscoggin and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRYANT of Windham, CASAVANT of Biddeford, HASKELL of Portland, 
LAJOIE of Lewiston, WAGNER of Lewiston, WATSON of Bath, WRIGHT of Berwick. 
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Be it ena'cted by the People ofthe State of Maine as follows: 
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. 
"Electronic device" means any handheld electronic device that is not pali of the 
operating equipment of the motor vehicle, including, but not limited to, an electronic 
game, device for sending or receiving electronic mail, text messaging device or computer. 
C. "Handheld cellular telephone" means a cellular telephone with which a user engages 
in a telephone call or text messaging using at least one hand. 
D. "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. 
E. 
"Text messaging" means the sending or the reading of short text messages with 
cellular telephones or other electronic devices. 
F. 
"Using" means manipUlating, talking into or otherwise interacting with a cellular 
telephone but does not include passively listening to music or other recorded sounds 
emanating from an electronic device. 
2. Prohibition. A person may not operate a motor vehicle while using a handheld 
cellular telephone or while text messaging. 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 by using a cellular telephone but not by text 
messaging commits a traffic infraction for which a fine of not less than $50 may be 
adjudged. 
B. A person who violates this section by using a cellu!~r telephone but not by text 
messaging after being adjUdicated as violating this section by using a cellular telephone 
but not by text messaging commits a traffic infraction for which a fine of not less than 
$250 may be adjudged. 
C. A person who violates this section by text messaging commits a traffic infraction for 
which a fine of not less than $500 may be adjudged. 
4. 
Exception. This section does not apply to the following persons operating a motor 
vehicle within the scope of their employment: 
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A. Drivers of authorized emergency vehicles as defined in section 2054, subsection 1, 
paragraph B; 
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. 
SUMMARY 
This bill prohibits the use of a handheld cellular telephone and text messaging 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 TranspOIiation, may use handheld cellular telephones while driving within the scope of 
their employment. The bill makes the offense a traffic infraction.