An Act To Prohibit the Use of a Mobile Telephone When Operating a Motor Vehicle Except in Hands-free Mode
Maine Legislature, Session 127, LD 0185
Committee: Transportation
Sponsors: KATZ, DION, DIAMOND, LIBBY, MASTRACCIO
Amends: 29-A MRSA §2120

Legislative Document 
No. 185 
S.P. 60 
In Senate, January 27, 2015 
An Act To Prohibit the Use of a Mobile Telephone When Operating 
a Motor Vehicle Except in Hands-free Mode 
Reference to the Committee on Transportation suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator KATZ of Kennebec. 
Cosponsored by Representative DION of Portland and 
Senators: DIAMOND of Cumberland, LIBBY of Androscoggin, Representative: 
MASTRACCIO of Sanford. 
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.