An Act To Prohibit the Use of Handheld Phones and Devices While Driving
Sec. 1. 29-A MRSA §1304, sub-§1, ¶I, as amended by PL 2015, c. 113, §1, is repealed.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:
Sec. 3. 29-A MRSA §2116, as amended by PL 2015, c. 113, §§4 and 5, is repealed.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 B, §28, is repealed.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 §2121 is enacted to read:
§ 2121. Use of electronic devices while operating motor vehicles
(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.
SUMMARY
This bill 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. It repeals the section of law that prohibits minors from operating a motor vehicle while using a handheld electronic device or mobile telephone and also repeals the section of law that prohibits any person from operating a motor vehicle while engaging in text messaging.
The bill incorporates the definition of "mobile telephone" into the definition of "handheld electronic device." It 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.
The bill 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 device to prohibit all persons operating a motor vehicle from using a handheld electronic device.
The bill 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.
The bill 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.