An Act To Prohibit the Use of Handheld Phones and Devices While Driving
Maine Legislature, Session 129, LD 0165
Committee Amendment CA_A_S317 (Senate)
Amends: 29-A MRSA §101, 29-A MRSA §1304, 29-A MRSA §1311, 29-A MRSA §1551, 29-A MRSA §2116, 29-A MRSA §2119, 29-A MRSA §2121

COMMITTEE AMENDMENT" ft "to S.P. 52, L.D. 165, 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 inserting the 
following: 
'Sec. 1. 4 MR.SA §20, as amended by PL 2011, c. 131, §1, is further amended to 
read: 
§20. Provide for collection of fines and fees from money collected 
The Chief Justice of the Supreme Judicial Court shall plan and implement 
arrangements for the collection of overdue fines and fees due the state courts, the costs of 
which may be paid from money collected. These arrangements may include but are not 
limited to: Employing special project clerks, assistants and other staff; contracting with 
state agencies; contracting for special or private debt collection services; purchasing 
necessary equipment; and compensating state, county and municipal law enforcement 
agencies for services provided. 
The Chief Justice of the Supreme Judicial Court may implement arrangements for the 
use of fines and fees collected under Title 29-A, section 2121 to pay the costs of 
processing traffic violations under that section and handling the fines or fees. These 
arrangements may include employing an assistant clerk. 
Sec. 2. 23 MR.SA §4210-G is enacted to read: 
§4210-G. Supplemental Transportation Fund 
1. Fund created. The Supplemental Transportation Fund, referred to in this section 
as "the fund," is established as a nonlapsing fund in the Department of Transportation. 
2. Use of funds. Money deposited into the fund may be used by the Department of 
Transportation for transportation-related projects and services. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT" /1 "toS.P.52,L.D.165 (S-311 
3. Source of funds. Money deposited in the fund includes, but is not limited to, fine 
revenue transferred into the fund pursuant to Title 29-A, section 2121, subsection 4. The 
Supplemental Transportation Fund may accept funds from other sources. 
Sec. 3. 29-A MRSA §101, sub-§§26-C, 35-B and 80-B are enacted to read: 
26-C. 
Handheld electronic device. "Handheld electronic device" means any 
handheld electronic device or portable electronic device that is not part of the operating 
equipment of the motor vehicle, including but not limited to an electronic game, a device 
for sending or receiving electronic mail, a text messaging device or a computer. 
"Handheld electronic device" does not include a: 
A. Device for communication over a citizens band radio service as defined in 47 
Code of Federal Regulations, Section 95.303, the multi-use radio service as defined 
in 47 Code of Federal Regulations, Section 95.2703 or a land mobile radio service as 
defined in 47 Code of Federal Regulations, Section 90.7: or 
B. Personal medical device necessary to monitor or regulate a person's medical 
condition, including but not limited to an insulin pump or heart monitor. 
35-B. Mobile telephone. "Mobile telephone" means a device used to access a 
wireless telephone service. 
80-B. Text messaging. "Text messaging" means reading or manually composing 
electronic communications, including text messages, instant messages and electronic 
mail, using a handheld electronic device. "Text messaging" does not include using a 
global positioning or navigation system. 
Sec. 4. 29-A MRSA §1304, sub-§1, ~' as amended by PL 2015, c. 113, §1, is 
further amended to read: 
I. A person who has been issued a learner's permit may not operate a motor vehicle 
on a public way while using, manipulating, talking into or otherwise interacting with 
a handheld electronic device or mobile telephone, including but not limited to when 
the motor vehicle is temporarily stationary because of traffic, a traffic light or a stop 
fil.@. 
For the nurnose of this naraeranh. the followine tenns have the followine 
meanings. 
A person who has been issued a learner's permit may use, manipulate, talk into or 
otherwise interact with a handheld electronic device or mobile telephone while in the 
operator's seat of a motor vehicle if the person 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. 
(1) "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. 
(2) "Mobile telephone" means a device used to access a wireless telephone 
service. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "toS.P. 52,L.D. 165 (s ·311) 
(3) "Operate" means driving a motor vehicle on a public way with. the motor 
running, including 1.vhile temporarily stationary because of traffic, a traffic light 
or a stop sign or otherwise stationary. "Operate" does not include operating a 
motor vehicle 1.vith 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 loeation 
,.vlHm=i ths mntnr vAhiAl0 e::in ~::ifBlv r0m::iin ~t:::itinn::irv 
(4) "Using" means manipulating, talking into or otherwise interaeting with a 
mobile telephone or handheld electronie ds>,riee. 
A person who violates this paragraph commits a traffic infraction. 
Sec. 5. 29-A MRSA §1311, sub-§1, 1C, as amended by PL 2015, c. 113, §2, is 
further amended to read: 
C. Operate a motor vehicle on a public way while using, manipulating, talking into 
or otherwise interacting with a handheld electronic device or mobile telephone_. 
including but not limited to when the motor vehicle is temporarily stationary because 
of traffic, a traffic light or a stop sign. 
A person under 18 years of age who has been issued a driver's license may use, 
manipulate, talk into or otherwise interact with a handheld electronic device or 
mobile telephone while in the operator's seat of a motor vehicle if the person 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. 
For the purpose of this paragraph, the follov,ring terms have the follmving meanings. 
(1) "Handheld electronic ds>lice" means any handheld eleetronie deyice that is 
not part of the operating equipment of the motor vehiele, ineh1ding but not 
limited to an eleetronic game, devise for sending or reoeiving eleotronio mail. 
text messaging devise or oomputer. 
(2) 
"Mobile telephone" means a devise used to assess a win~less telephone 
~t=1nrie0 
(3) "Operate" means driving a motor vehiele on a publie way 1.vith the motor 
running, in.eluding 1.vhile temporarily stationary beeause of traffie, a traffie light 
or a stop sign or othenvise stationary. "Operate" does not inelude operating a 
motor vehiele v,rith or without the motor running when the operator has pulled the 
motor Yehiele over to the side of, or off, a publie way and has halted in a location 
1.vhere the motor vehicle ean safely remain stationary. 
(4) "Y . 
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Sec. 6. 29-A MRSA §1311, sub-§2, as amended by PL 2011, c. 654, §3, is 
further amended to read: 
2. Period of restrictions. &sept as provided in seetion 2116 and subjeet 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 52, L.D. 165 ( ':> '3 i 1) 
Sec. 7. 29-A MRSA §1551, sub-§11-A, as enacted by PL 2013, c. 72, §4, is 
amended to read: 
11-A. Portable electronic device. "Portable electronic device" means an electronic 
device that is portable in nature, including but not limited to a device for sending or 
receiving e-mail, a text messaging device, a cellular mobile telephone and a computer. 
Sec. 8. 29-A MRSA §2116, as amended by PL 2015, c. 113, §§4 and 5, is 
repealed. 
Sec. 9. 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 while operating motor vehicle; prohibition 
1. Defiaitiaas. f,.s used in this section. unless the context othenvise indicates. the 
follov!ing terms have the follov,ring meanings. 
.f... "Cellular telephone" means a device used to access wireless telephone service. 
B. "Portable electronic device" means any portable electronic dS"lice that is not part 
of the operating equipment of a motor vehicle, inoluding but not limited to an 
electronic game, device for sending or receiving e mail. text messaging dS"lice. 
cellular telephone and oomputer. 
C. 
"Text messaging" means reading or manually composing electronic 
communications, including text messages, instant messages and emails, 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 publio way with the motor running, 
including while temporarily stationary beoause of traffic, a traffic light or a stop sign 
or otherwise stationary. "Operate" does not include operating a motor vehicle with or 
1.vithout the motor running 1tvhen the operator has pulled the motor vehicle over to the 
side of, or off, a public way and has haked in a location ·.vhere the motor vehicle can 
safely remain stationary. 
2. Prohibition. A person may not operate a motor vehicle on a public way while 
engaging in text messaging. including but not limited to when the motor vehicle is 
temporarily stationary because of traffic. a traffic light or a stop sign. 
A person may engage in text messaging while in the operator's seat of a motor vehicle if 
the person 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. 
Nothing in this section prohibits a person employed as a commercial driver or a school 
bus driver from using a handheld electronic device or mobile telephone within the scope 
of the person's employment as permitted under Federal Motor Carrier Safety 
Administration regulations. 
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 fme of 
not less than $250 may be adjudged. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"(-\ "to S.P. 52, L.D. 165 ( 5 · 3 l1) 
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. 
Sec. 10. 29-A MRSA §2121 is enacted to read: 
§2121. Use of mobile telephones and handheld electronic devices while operating 
motor vehicles prohibited 
1. Prohibition. A person may not operate a motor vehicle on a public way while 
using, manipulating, talking into or otherwise interacting with a handheld electronic 
device or mobile telephone, including but not limited to the use of a handheld electronic 
device or mobile telephone while the vehicle is temporarily stationary because of traffic, 
a traffic light or a stop sign, unless: 
A. The person, other than a person who is operating with a learner's permit issued 
pursuant to section 1304, is using a mobile telephone or 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. The person is using a mobile telephone or handheld electronic device in hands-
free mode as permitted under subsection 2; or 
C. The person is employed as a commercial driver or a school bus driver and is using 
a handheld electronic device or mobile telephone within the scope of the person's 
employment as permitted under Federal Motor Carrier Safety Administration 
regulations. 
A person who has pulled a motor vehicle to the side of, or off, a public way and has 
halted in a location where the motor vehicle can safely remain stationary may use, 
manipulate, talk into or otherwise interact with a handheld electronic device or mobile 
telephone. 
2. 
Hands-free mode. A person who has attained 18 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 may use a mobile telephone or handheld electronic 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" {i" to S.P. 52, L.D. 165 (5 <!J \ 1) 
device while operating a motor vehicle if the mobile telephone or handheld electronic 
device is being used in hands-free mode. 
The operator of a motor vehicle may use a hand to activate or deactivate a feature or 
function of a mobile telephone or handheld electronic device that is in hands-free mode 
and mounted or affixed to the vehicle in a location that does not interfere with the 
operator
1s view of the road if the feature or function activated requires only a single 
swipe, tap or push of the operator
1s finger. 
For the pumoses of this section, 
11hands-free mode
means the manner of use of a mobile 
telephone or handheld electronic device without use of either hand by employing an 
internal feature of, or an attachment to, the telephone or device. 
3. Penalty. A person who violates this section commits a traffic infraction for 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. Supplemental Transportation Fund. All fines collected under this section, other 
than amounts paid pursuant to Title 4, section 20, must be deposited into the 
Supplemental Transportation Fund established under Title 23, section 4210-G. 
Nothing in this section requires the deposit into the Supplemental Transportation Fund of 
any penalty or surcharge imposed by a court. including but not limited to a surcharge 
imposed pursuant to Title 4, section 18-A or 1057. 
Sec. 11. Appropriations and allocations. The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
Initiative: Provides allocations for one limited-period Assistant Clerk position through 
June 19, 2021. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
TRANSPORTATION, DEPARTMENT OF 
2019-20 
$19,285 
$5,500 
$24,785 
2019-20 
$24,785 
$24,785 
COMMITTEE AMENDMENT 
2020-21 
$77,138 
$0 
$77,138 
2020-21 
$77,138 
$77,138 
COMMITTEE AMENDMENT" f\ "to S.P. 52, L.D. 165 ( S-3'1) 
Supplemental Transportation Fund N336 
Initiative: Establishes the Supplemental Transportation Fund with a base allocation. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
TRANSPORTATION, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2019-20 
$500 
$500 
2019-20 
$500 
$500 
2019-20 
$25,285 
$25,285 
2020-21 
$500 
$500 
2020-21 
$500 
$500 
2020-21 
$77,638 
$77,638 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill. 
1. 
It creates a fund within the Department of Transportation for fine revenue 
collected in the enforcement of the prohibition on the use of handheld electronic devices 
while operating a motor vehicle on a public way. 
2. It makes definitions uniform across the Maine Revised Statutes, Title 29-A for 
restrictions on the use of handheld electronic devices and mobile telephones and on 
texting by drivers, drivers operating with an intermediate license and drivers operating 
with a learner's permit. 
3. It clarifies that there is no exception for using a handheld electronic device or 
mobile telephone while a motor vehicle is stopped in traffic, but does permit use when a 
car is pulled over in a safe location. 
4. It incorporates exceptions for radios, hands-free features, medical devices, ignition 
interlock devices, which are part of the operating equipment of the motor vehicle, and 
electronic logging devices and other equipment permitted under Federal Motor Carrier 
Safety Administration regulations. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" (1. "to S.P. 52, L.D. 165 { :/Ji 7) 
5. It creates an exception for contacting emergency services personnel in emergency 
situations. 
6. It defmes and makes an exception for the use of handheld electronic devices and 
mobile telephones in hands-free mode for certain drivers. 
7. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/18/19 feac:.. 
LD 165 
LR89(02) 
An Act To Prohibit the Use of Handheld Phones and Devices While Driving 
Fiscal Note for Bill as Amended by Com·mittee Amendment 'n-" LS· 3 \ 1) 
Committee: Transportation 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY2020-21 
Projections 
FY 2021-22 
Projections 
FY2022-23 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$25,285 
$77,000 
$77,638 
$500 
$500 
$517,000 
$517,000 
$517,000 
The bill establishes a restriction on the use of handheld devices and mobile telephones while driving. The penalty for 
violating this restriction is no less than $50 for the first infraction and no less than $250 for subsequent infractions. 
Given the effective date of the bill, possible delays in implementing the infraction and time between when a ticket is 
issued and funds are collected, the judicial branch has estimated that there will be 1, 100 infractions in fiscal year 2019-
and 5,500 infractions in fiscal year 2020-21. Part of the revenues collected from this fine will be used to support 
one limited-period Assistant Clerk position to process the anticipated increase in traffic infractions and the bill 
includes allocations of $24,785 in fiscal year 2019-20 and $77,138 in fiscal year 2020-21. The remaining revenues, 
$37,255 in fiscal year 2019-20 and $357,142 in fiscal year 2020-21, will be credited to the Supplemental 
Transportation Fund established in the bill. The bill includes Other Special Revenue Funds allocations for the Fund of 
$500 beginning in fiscal year 2019-20. 
In addition to the fines of $50 and $250, there are several surcharges and fees that will be charged and credited into 
other funds across state government, including the County Jail Operations Fund, the County Jail Prisoner Support and 
Community Corrections Fund, the Maine Criminal Justice Academy, the State Police and the Civil Legal Services 
Fund. In total, an estimated $14,960 will be credited across these funds in fiscal year 2019-20 and an additional 
$82,720 in fiscal year 2020-21. 
LR0089(02) - Fiscal Note - Page 1 of 1