An Act To Prohibit the Use of a Handheld Mobile Telephone while Operating a Motor Vehicle
Maine Legislature, Session 126, LD 0068
Committee: Transportation
Sponsors: BEAUDOIN, CRAVEN, BOLAND, BRIGGS, CAMPBELL, COTTA, DION, MAKER, SOCTOMAH, HILL
Amends: 29-A MRSA §2120

Legislative Document 
No. 68 
H.P. 71 
House of Representatives, January 22, 2013 
An Act To Prohibit the Use of a Handheld Mobile Telephone while 
Operating a Motor Vehicle 
Reference to the Committee on Transportation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BEAUDOIN of Biddeford. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: BOLAND of Sanford, BRIGGS of Mexico, CAMPBELL of Newfield, 
COTTA of China, DION of Portland, MAKER of Calais, SOCTOMAH of the Passamaquoddy 
Tribe, Senator: HILL of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  29-A MRSA §2120 is enacted to read: 
§2120.  Use of handheld mobile telephone while operating motor vehicle; prohibition 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Mobile telephone" means a device used to access wireless telephone service. 
B.  "Handheld mobile telephone" means a mobile telephone with which a user 
engages in a telephone call using at least one hand. 
C.  "Hands-free mobile telephone" means a mobile telephone that has an internal 
feature or function, or that is equipped with an attachment or addition, whether or not 
permanently part of the mobile telephone, by which a user may activate and 
deactivate the phone and talk and listen without the use of either hand. 
D.  "Using" means manipulating, talking into or otherwise interacting with a mobile 
telephone but does not include passively listening to music or other recorded sounds 
emanating from a mobile telephone. 
2.  Prohibition.  A person may not operate a motor vehicle while using a handheld 
mobile telephone.  A person may not operate a motor vehicle while using a hands-free 
mobile telephone unless the features of the mobile 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 having been previously adjudicated as 
violating this section commits a traffic infraction for which a fine of not less than 
$250 may be adjudged. 
4.  Exceptions.  This section does not apply to text messaging as prohibited by 
section 2119 or 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 personnel, including all employees and contractors of the department. 
SUMMARY 
This bill prohibits the use of a handheld mobile telephone 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 Transportation, may use handheld mobile telephones while driving within the scope of 
their employment.  The bill makes the offense a traffic infraction.  This bill does not 
affect the current prohibition against text messaging while operating a motor vehicle.