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

§2115.__Use of handheld cellular telephone while operating motor vehicle

1.__Prohibition.__A person may not operate a motor vehicle while using a handheld cellular telephone.

2.__Penalty.__A person who violates this section commits a traffic infraction for which a fine of not less than $50 for the first violation and not less than $250 for a 2nd or subsequent violation committed within one year of the first violation may be adjudged.

3.__Exception.__This section does not apply to the following persons driving within the scope of their employment:

A.__Law enforcement officers, corrections officers and firefighters;

B.__Drivers of authorized emergency vehicles;

C.__Holders of commercial driver's licenses;

D.__Public transit personnel; and

E.__Municipal public works personnel, Maine Turnpike Authority personnel and state transportation personnel, including all employees and contractors of the Department of Transportation.

SUMMARY

This bill prohibits the use of a handheld cellular telephone while operating a motor vehicle. The bill clarifies that law enforcement officers, corrections officers, firefighters, drivers of authorized emergency vehicles, holders of commercial driver's licenses, public transit personnel, municipal public works personnel, Maine Turnpike Authority personnel and state transportation personnel, including all employees and contractors of the Department of Transportation, may use handheld cellular telephones while driving within the scope of their employment. The bill makes the offense a traffic infraction.