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 Amendment CA_A_S13 (Senate)
Amends: 29-A MRSA §2116, 29-A MRSA §2119

COMMITTEE AMENDMENT" A " to S.P. 60, L.D. 185, Bill, "An Act To Prohibit 
the Use of a Mobile Telephone When Operating a Motor Vehicle Except in Hands-free 
Mode" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §2116, as enacted by PL 2007, c. 272, § 1, is amended to 
IS 
read: 
§2116. Use of mobile telephones and handheld electronic devices while operating 
motor vehicles prohibited 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Handheld electronic device" means any handheld electronic device that is not 
part 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. "Handheld electronic device" does not include a band radio or 2-
way radio. 
A-I. "Hands-free operation" means the use of a handheld electronic device without 
use of either hand by employing an internal feature of, or an attachment to, the 
device. 
B. "Mobile telephone" means a device used to access a wireless telephone service. 
B-1. 
"Operate" means driving a motor vehicle on a public way with the motor 
running, including while temporarily stationary because of traffic, a traffic light or a 
stop sign or otherwise stationary. 
"Operate" does not include operating a motor 
vehicle with or without the motor running when the operator has pulled the motor 
vehicle over to the side of, or off, a public way and has halted in a location where the 
motor vehicle can safely remain stationary. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 60, L.D. 185 
C. "Using" means manipulating, talking into or otherwise interacting with a mobile 
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 Except as provided in subsection 5, a person vmo has not attained 
U years of age may not operate a motor vehicle while using a mobile telephone or 
handheld electronic device. 
J. Penalty. A person ,,,,,ho violates this section commits a traffic infraction fer which 
a fine of not less than $50 for the first offense and not less than $250 for a 2nd or 
subsequent offense may be adjudged. 
4. Penalties. The following penalties apply to a violation of this section. 
A. A person who violates this section commits a traffic infraction for which a fine of 
$250 must be adjUdged. 
B. A person who violates this section after previously having been adjudicated as 
violating this section within a 3-year period commits a traffic infraction for which a 
fine of $500 must be adjudged, and the Secretary of State shall suspend the license of 
that person without right to hearing. The minimum periods of license suspension are: 
ill Thirty days, if the person has 2 adjudications for a violation of this section 
within a 3-year period; 
m Sixty days, if the person has 3 adjudications for a violation of this section 
witJ1in a 3-year period; and 
. 
ill Ninety days, if the person has 4 or more adjudications for a violation of this 
sec~ion within a 3-year period. 
For the purposes of this paragraph, an adjudication has occurred within a 3-year 
period if the date of the new conduct is within 3 years of the date of a docket entry of 
adjudication of a violation of this section. 
5. Exceptions. A person may use a mobile telephone or a handheld electronic 
device while operating a motor vehicle: 
A. 
If the mobile telephone or handheld electronic device allows for hands-free 
operation and the hands-free feature of the telephone or device is in fact being used 
by the person and that person has attained 18 years of age and is not operating with 
an intermediate license issued pursuant to section 1311; or 
B. In order to communicate with law enforcement or emergency services personnel 
under emergency circumstances. For the purposes of this paragraph, "emergency 
circumstances" means circumstances in which there is an immediate threat· to the 
health or well-being of any person. 
Sec. 2. 29-A MRSA §2119, sub-§3, as repealed and replaced by PL 2013, c. 188, 
§ 1, is amended to read: 
3. Penalties. The following penalties apply to a violation of this section. 
A. A person who violates this section commits a traffic infraction for which a fine of 
not less-than $250 may must be adjudged. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 60, L.D. 185 
B. A person who violates this section after previously having been adjudicated as 
violating this section within a 3-year period commits a traffic infraction for which a 
fine of not less than $500 may must be adjudged, and the Secretary of State shall 
suspend the license of that person without right to hearing. The minimum periods of 
license suspension are: 
(1) Thirty days, if the person has 2 adjudications for a violation of this section 
within a 3-year period; 
(2) Sixty days, if the person has 3 adjudications for a violation of this section 
within a 3-year period; and 
(3) Ninety days, if the person has 4 or more adjudications for a violation of this 
section within a 3-year period. 
For the purposes of this paragraph, an adjudication has occurred within a 3-year 
period if the date of the new conduct is within 3 years of the date of a docket entry of 
adjudication of a violation of this section.' 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill. It 
prohibits a person 18 years of age or older from using a mobile telephone or handheld 
electronic device while operating a motor vehicle unless the mobile telephone or 
handheld electronic device allows for hands-free operation and the hands-free feature of 
the mobile telephone or electronic handheld device is in fact being used by the person or 
the mobile telephone or handheld electronic device is being used in order to communicate 
with law enforcement or emergency services personnel under emergency circumstances. 
The amendment does not affect the current prohibition against the use of a mobile 
telephone or handheld electronic device, both handheld and hands-free use, for a person 
who has been issued an intermediate driver's license or for a person under 18 years of 
age. 
The amendment establishes penalties for a violation of using a mobile telephone or 
handheld electronic device while operating a motor vehicle similar to the penalties for a 
violation of text messaging while operating a motor vehicle. The amendment provides 
that the penalty for a first offense of the prohibition against using a mobile telephone or 
handheld electronic device while operating a motor vehicle is $250. The amendment also 
provides that the penalty for a 2nd or subsequent offense within a 3-year period of the 
prohibition against using a mobile telephone or handheld electronic device while 
operating a motor vehicle is $500. It also directs the Secretary of State to suspend the 
license of a person who has been previously adjudicated for a violation of the prohibition 
against using a mobile telephone or handheld electronic device while operating a motor 
vehicle. 
The amendment also makes changes to the penalties for a violation of text messaging 
while operating a motor vehicle by providing that the current lower limit on the fine, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 60, L.D. 185 
$250 for a tirst offense or $500 for a 2nd or subsequent offense within a 3-year period, is 
the specific fine that must be adjudged. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/27/15 
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LD 185 
LR 148(02) 
An Act To Prohibit the Use of a Mobile Telephone When Operating a Motor Vehicle Except in Hands-
free Mode 
Fiscal Note for Bill as Amended by Committee Amendment ';4' (5-13) 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new traffic infractions. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Secretary of State associated with issuing drivers' license suspensions can be 
absorbed within existing budgeted resources. 
LR0148(02) - Fiscal Note - Page 1 of 1