An Act To Prohibit the Use of Handheld Phones and Devices While Driving
Maine Legislature, Session 128, LD 1089
Committee Amendment CA_A_S272 (Senate)
Amends: 29-A MRSA §1304, 29-A MRSA §1311, 29-A MRSA §2116, 29-A MRSA §2119, 29-A MRSA §2120

COMMITTEE AMENDMENT "A" to S.P. 360, L.D. 1089, Bill, "An Act To 
Prohibit the Use of Handheld Phones and Devices While Driving" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 29-A MRSA §1304, sub-§1, ~' as amended by PL 2015, c. 113, §1, is 
repealed. 
Sec. 2. 29-A MRSA §1311, sub-§2, as amended by PL 2011, c. 654, §3, is 
further amended to read: 
2. Period of restrictions. Exoept as provided in seotion 2116 and subjeot Subject to 
extension pursuant to subsection 3, the license restrictions in subsection 1 are in effect for 
a period of 270 days from license issuance. The period of license restrictions may extend 
beyond the person's 18th birthday. 
Sec. 3. 29-A MRSA §2116, as amended by PL 2015, c. 113, §§4 and 5, is 
repealed. 
Sec. 4. 29-A MRSA §2119, as amended by PL 2013, c. 188, §1 and c. 381, Pt. B, 
§28, is repealed. 
Sec. 5. 29-A MRSA §2120 is enacted to read: 
§2120. Use of electronic devices while operating motor vehicles 
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 a 
device used to access a wireless telephone service, electronic game, device for 
sending or receiving e-mail, text messaging device and computer. 
"Handheld 
electronic device" does not include a band radio or 2-way radio. 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A "to S.P. 360, L.D. 1089 
B. "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. 
C. "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. 
D. 
"Text messaging" means reading or manually composing electronic 
communications, including text messages, instant messages and e-mails, using a 
handheld electronic device. 
"Text messaging" does not include using a global 
positioning or navigation system. 
E. "Using" means manipulating, talking into or otherwise interacting with a handheld 
electronic device but does not include text messaging. 
2. Prohibitions. The following prohibitions apply to using a handheld electronic 
device while operating a motor vehicle. 
A. Except as provided in subsection 3, a person may not operate a motor vehicle 
while using a handheld electronic device. 
B. A person may not operate a motor vehicle while engaging in text messaging. 
3. Exceptions. The following exceptions apply to subsection 2, paragraph A. 
A. A person, other than a person who is operating with a learner's permit issued 
pursuant to section 1304, may operate a motor vehicle while using a handheld 
electronic device 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. 
B. A person may operate a motor vehicle while using a handheld electronic device if 
the handheld electronic device allows for hands-free operation and the hands-free 
feature of the device is in fact being used by the person and that person has attained 
years of age and is not operating with an intermediate license issued pursuant to 
section 1311 or a learner's permit issued pursuant to section 1304. 
4. Penalties. The following penalties apply to a violation of this section. 
A. A person who violates subsection 2, paragraph A commits a traffic infraction for 
which a fine of $75 must be adjudged. 
B. A person who violates subsection 2, paragraph A after previously having been 
adjudicated as violating that paragraph within a 3-year period commits a traffic 
7 
infraction for which a fine of $15 0 must be adjudged. 
8 
C. A person who violates subsection 2, paragraph B commits a traffic infraction for 
which a fine of not less than $250 must be adjudged. 
D. A person who violates subsection 2, paragraph B after previously having been 
adjudicated as violating that paragraph within a 3-year period commits a traffic 
COMMITTEE AMENDMENT 
s 
COMMITIEEAMENDMENT"A "to S.P. 360, L.D. 1089 
infraction for which a fine of not less than $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: 
(1) Thirty days, if the person has 2 adjudications for a violation of subsection 2, 
paragraph B within a 3-year period; 
(2) Sixty days, if the person has 3 adjudications for a violation of subsection 2, 
paragraph B within a 3-year period; and 
(3) Ninety days, if the person has 4 or more adjudications for a violation of 
subsection 2, paragraph B within a 3-year period. 
For the purposes of this subsection, 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 subsection 2, paragraph B. 
Sec. 6. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Provides funds for one part-time Assistant Clerk position in fiscal year 2017-18 
and funds for one Assistant Clerk position in fiscal year 2018-19 and related costs. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2017-18 
2018-19 
0.500 
1.000 
$16,341 
$65,362 
$5,500 
$0 
$21,841 
$65,362 
This amendment replaces the bill. The amendment repeals the provision of law that 
prohibits a person who has been issued a learner's permit from operating a motor vehicle 
while using a handheld electronic device or mobile telephone. The amendment repeals 
the section of law that prohibits minors from operating a motor vehicle while using a 
handheld electronic device and mobile telephone. 
The amendment also repeals the 
section of law that prohibits any person from operating a motor vehicle while engaging in 
text messaging. 
The amendment incorporates the definition of "mobile telephone" into the definition 
of "handheld electronic device." 
The amendment excludes text messaging from the 
definition of "using" to reflect the different penalties for using a handheld electronic 
device and for text messaging while operating a motor vehicle. 
Like the bill, the amendment expands the prohibition on minors and a person who has 
been issued a learner's permit operating a motor vehicle while using a handheld electronic 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 360, L.D. 1089 
device to prohibit all persons operating a motor vehicle from using a handheld electronic 
device. 
Like the bill, the amendment includes exceptions to the prohibition against using a 
handheld electronic device while operating a motor vehicle that allow for hands-free 
operation of the device and for using a handheld electronic device to communicate with 
law enforcement or emergency services personnel under emergency circumstances. The 
exceptions do not apply to text messaging. 
Like the bill, the amendment provides that the penalty for a first offense of the 
prohibition against using a handheld electronic device while operating a motor vehicle is 
$75 and the penalty for a 2nd or subsequent offense within a 3-year period is $150. 
The amendment adds an appropriations and allocations section. 
FISCAL NOTE REQUJRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/11/17 feac 
LD 1089 
LR 391(02) 
An Act To Prohibit the Use of Handheld Phones and Devices While Driving 
Fiscal Note for Bill as Amended by Committee Amendment 'h." ( S- .;} 1 ~) 
Committee: Transportation 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Revenue 
General Fund 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
($145,667) 
($958,298) 
$21,841 
$65,362 
$167,508 
$1,023,660 
Projections 
FY 2019-20 
($958,298) 
$65,362 
$1,023,660 
Projections 
FY 2020-21 
($958,298) 
$65,362 
$1,023,660 
The changes to the prohibitions on the use of phones and devices while driving is expected to increase General Fund 
fine revenue by $167,508 in fiscal year 2017-18 and $1,023,660 in fiscal year 2018-19. 
Fiscal Detail and Notes 
The bill also includes General Fund appropriations to the Judicial Department of $21,841 in fiscal year 2017-18 for 
one part-time Assistant Clerk position and related costs and $65,362 in fiscal year 2018-19 for one full-time Assistant 
Clerk position to accommodate the increase in fine volume. 
LR0391(02) - Fiscal Note - Page 1 of 1