An Act To Establish a Distracted Driver Law
Maine Legislature, Session 124, LD 0006
Committee Amendment CA_A_S126 (Senate)
Amends: 29-A MRSA §2117

COMMITTEE AMENDMENT" A" to S.P. 15, L.D. 6, Bill, "An Act To Establish a 
Distracted Driver Law" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §2117 is enacted to read: 
§2117. Failure to maintain control of a motor vehicle 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Operation of a motor vehicle while distracted" means the operation of a motor 
vehicle by a person who, while operating the vehicle, is engaged in an activity: 
(1) That is not necessary to the operation of the vehicle; and 
(2) That actually impairs, or would reasonably be expected to impair, the ability 
of the person to safely operate the vehicle. 
2. Failure to maintain control of a motor vehicle. A person commits the traffic 
infraction of failure to maintain control of a motor vehicle if the person: 
A. 
Commits either a traffic infraction under this Title or commits the crime of 
driving to endanger under section 2413 and, at the time the traffic infraction or crime 
occurred, the person was engaged in the operation of a motor vehicle while 
distracted; or 
B. Is determined to have been the operator of a motor vehicle that was involved in a 
reportable accident as defined in section 2251, subsection 1 that resulted in property 
damage and, at the time the reportable accident occurred, the person was engaged in 
the operation of a motor vehicle while distracted. 
Page I - 124LR0132(02)-1 
COMMITTEE AMENDMENT 
~.~ 
COMMITIEE AMENDMENT ,,4 "to S.P. 15, L.D. 6 
A person may be issued a citation or summons for any other traffic infraction or crime 
that was committed by the person in relation to the person's commission of the traffic 
infraction of failure to maintain control of a motor vehicle.' 
SUMMARY 
The amendment, which replaces the bill, makes failure to maintain control of a motor 
vehicle a traffic infraction. 
The amendment defines "operation of a motor vehicle' while distracted" as the, 
operation of a motor vehicle by a person who, while operating the vehicle, is engaged in 
an activity that is not necessary to the operation of the vehicle and that actually impairs, 
or would reasonably be expected to impair, the ability of the person to safely operate the 
vehicle. 
The amendment provides that a person commits the traffic infraction of failure to 
maintain control of a motor vehicle if the person commits either a traffic infraction under 
the motor vehicle laws or commits the crime of driving to endanger and, at the time the 
traffic infraction or crime occurred, the person was engaged in the operation of a motor 
vehicle while distracted or the person is determined to have been the operator of a motor 
vehicle that was involved in a reportable accident that resulted in property damage and, at 
the time the reportable accident occurred, the operator was engaged in the operation of a 
motor vehicle while distracted. 
JF'[SCAL ~OTE REQLlRED 
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COMMITTEE AMENDMENT 
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Approved: 05101/09 ;:!;Pac:.. 
LD6 
LR 132(02) 
An Act To Establish a Distracted Driver Law 
Fiscal Note for Bill as Amended by Committee Amendment ,~ " 
Committee: Transportation 
Fiscal Note Requ.ired: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Current biennium cost increase - Highway Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new traffic violations. 
The collection of additional fines will also increase .General Fund revenue. 
Fiscal Detail and Notes 
The State Police within the Department of Public Safety will see increases in violations due to this legislation, 
potentially resulting in additional court time for State Police troopers. When the court time falls on a scheduled day 
off, the trooper would be paid overtime for at least four hours. No estimate is made at this time of the amount and cost 
of additional overtime that may be incurred. 
LR0132(02) - Fiscal Note - Page 1 of 1