An Act To Prohibit Certain Uses of Cellular Telephones and Handheld Electronic Devices while Operating a Motor Vehicle
Maine Legislature, Session 124, LD 0040
Sponsors: HOGAN, BLISS, BLANCHARD, CASAVANT, EATON, MILLER, SCHATZ, SIROIS, TREAT, WHEELER

Legislative Document 
No. 40 
H.P.35 
Honse of Representatives, January 5,2009 
An Act To Prohibit Certain Uses of Cellular Telephones and 
Handheld Electronic Devices while Operating a Motor Vehicle 
Reference to the Committee on Transp0l1ation suggested and ordered printed. 
Presented by Representative HOGAN of Old Orchard Beach. 
Cosponsored by Senator BLISS of Cumberland and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLANCHARD of Old Town, CASAVANT of Biddeford, EATON of 
Sullivan, MILLER of Somerville, SCHATZ of Blue Hill, SIROIS of Tumer, TREAT of 
Hallowell, WHEELER of Kittery. 
PrintL'J un l"L'cydcJ pap.L'l' 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRS A §2117 is enacted to read: 
§2117. Use of cellular telephone and handheld electronic device 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. 
0 
C. 
"Handheld electronic device" has the same meaning as in section 2116, 
subsection 1, paragraph A. 
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 pal1 of the cellular telephone, by which a user may activate and 
deactivate the phone and talk and I isten without the use of either hand. 
E. "Using" means manipulating, talking into or otherwise interacting with a cellular 
telephone or handheld electronic device but does not include passively listening to 
music or other recorded sounds emanating from a handheld electronic device. 
2. Prohibition. A person may not operate a motor vehicle while using a handheld 
cellular telephone or a handheld electronic device. 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, 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 pt:rsonnel, including all employees and contractors of the department. 
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SUMMARY 
This bill prohibits the use of a handheld cellular telephone and a handheld electronic 
device 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 transpOIiation personnel, including all employees 
and contractors of the Depaliment of TranspOIiation, may use handheld cellular 
telephones while driving within the scope of their employment. 
The bill makes the 
offense a traffic infraction.