Maine Revised Statutes Title 29-A Sec. 2119 – Text messaging while operating motor vehicle; prohibition
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1. Definitions.
[PL 2019, c. 486, §9 (RP).]
Terms Used In Maine Revised Statutes Title 29-A Sec. 2119
- Adjudication: means a finding by a court that a person has committed a traffic infraction and includes the acceptance by the clerk of the violations bureau or any judicial division of an answer of not contested. See Maine Revised Statutes Title 29-A Sec. 101
- Bus: means a motor vehicle designed for carrying more than 15 persons, including the operator. See Maine Revised Statutes Title 29-A Sec. 101
- Docket: A log containing brief entries of court proceedings.
- 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 Text messaging: means reading or manually composing electronic communications, including text messages, instant messages and electronic mail, using a handheld electronic device. 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. 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.
[PL 2019, c. 486, §9 (AMD).]
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. [PL 2013, c. 188, §1 (NEW).]
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. [PL 2013, c. 188, §1 (NEW).]
[PL 2013, c. 188, §1 (RPR).]
SECTION HISTORY
PL 2011, c. 207, §1 (NEW). PL 2011, c. 654, §7 (AMD). PL 2013, c. 188, §1 (AMD). PL 2013, c. 381, Pt. B, §28 (AMD). PL 2019, c. 486, §9 (AMD).