Maine Revised Statutes Title 29-A Sec. 2121 – Use of mobile telephones and handheld electronic devices while operating motor vehicles prohibited
Current as of: 2023 | Check for updates
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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; [PL 2019, c. 486, §10 (NEW).]
B. The person is using a mobile telephone or handheld electronic device in hands-free mode as permitted under subsection 2; or [PL 2019, c. 486, §10 (NEW).]
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. [PL 2019, c. 486, §10 (NEW).]
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.
[PL 2019, c. 486, §10 (NEW).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2121
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bus: means a motor vehicle designed for carrying more than 15 persons, including the operator. See Maine Revised Statutes Title 29-A Sec. 101
- 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. See Maine Revised Statutes Title 29-A Sec. 101
- License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
- Mobile telephone: means a device used to access a wireless telephone service. See Maine Revised Statutes Title 29-A Sec. 101
- Motor carrier: means a contract carrier, a common carrier or a private carrier of property or passengers by motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
- Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101Operator: means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Public way: means a way, owned and maintained by the State, a county or a municipality, over which the general public has a right to pass. See Maine Revised Statutes Title 29-A Sec. 101 Traffic: means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together using public way for travel. See Maine Revised Statutes Title 29-A Sec. 101 Traffic infraction: means any violation of any provision of this Title, or of any rules established under this Title, not expressly defined as a crime or as a civil violation and otherwise not punishable by incarceration. See Maine Revised Statutes Title 29-A Sec. 101 Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101 Way: means the entire width between boundary lines of a road, highway, parkway, street or bridge used for vehicular traffic, whether public or private. See Maine Revised Statutes Title 29-A Sec. 101
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 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’s view of the road if the feature or function activated requires only a single swipe, tap or push of the operator’s finger.
For the purposes of this section, “hands-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.
[PL 2019, c. 486, §10 (NEW).]
3. Penalty. A person who violates this section commits a traffic infraction for which a fine of $50 for the first offense and $250 for a 2nd or subsequent offense may be adjudged.
[PL 2019, c. 579, §2 (AMD).]
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.
[PL 2019, c. 486, §10 (NEW).]
SECTION HISTORY
PL 2019, c. 486, §10 (NEW). PL 2019, c. 579, §2 (AMD).