An Act To Improve Public Safety by Restricting the Use of Distracting Electronic Devices While Operating a Motor Vehicle
Maine Legislature, Session 129, LD 0280
Committee: Transportation
Sponsors: CLAXTON, GRATWICK, CARNEY
Amends: 29-A MRSA §2119

Legislative Document
No. 280
S.P. 92
In Senate, January 22, 2019
An Act To Improve Public Safety by Restricting the Use of 
Distracting Electronic Devices While Operating a Motor Vehicle
Reference to the Committee on Transportation suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CLAXTON of Androscoggin.
Cosponsored by Senator: GRATWICK of Penobscot, Representative: CARNEY of Cape 
Elizabeth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2119, as amended by PL 2013, c. 188, §1 and c. 381, Pt. B, 
§28, is further amended to read:
§2119.  Text messaging or using a distracting electronic device 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.  "Cellular telephone" means a device used to access wireless telephone service.
B.  "Portable electronic device" means any portable electronic device that is not part 
of the operating equipment of a motor vehicle, including but not limited to an 
electronic game, device for sending or receiving e-mail, text messaging device, 
cellular telephone, video device, global positioning system device and computer.
C.  "Text messaging" means reading or manually composing electronic 
communications, including text messages, instant messages and e-mails, using a 
portable electronic device.  "Text messaging" does not include using a global 
positioning or navigation system.
D.  "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.
2.  Prohibition.  A person may not operate a motor vehicle while engaging in text 
messaging or using a portable electronic device.
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 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 not less than $500 may 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 bill adds a prohibition on the use of a portable electronic device such as a video 
device or a global positioning system device to the prohibition on text messaging while 
operating a motor vehicle.