Sec. 1. 29-A MRSA §2115 is enacted to read:

§2115.__Use of handheld electronic device while operating

motor vehicle

1.__Handheld electronic device; defined.__For purposes of this section, unless the context otherwise indicates, "handheld electronic device" includes cellular telephones, computers, citizens band radios, dictaphones, microphones and other electronic devices that are held in a person's hand and that are not essential to the operation of a motor vehicle.

2.__Prohibition; forfeiture.__Except as provided in subsection 3, it is unlawful for a person operating a motor vehicle to use a handheld electronic device.__Violation of this subsection is a traffic infraction subject to a forfeiture of not less than $100 for the first violation, $200 for the 2nd violation and $250 for the 3rd and each subsequent violation committed within one year.

3.__Exception.__This section does not apply to:

A.__Law enforcement and safety personnel;

B.__Drivers of authorized emergency vehicles;

C.__Holders of commercial driver's licenses driving within the scope of their employment; or

D.__Public transit personnel.

SUMMARY

This bill prohibits a person from using a handheld electronic device while operating a motor vehicle unless the person is a law enforcement or safety officer, the driver of an authorized emergency vehicle, the holder of a commercial driver's license who is driving within the scope of the holder's employment or public transit personnel. The bill makes the offense a traffic infraction.