Sec. 1. 29-A MRSA §2116 is enacted to read:

§2116.__Use of handheld cellular telephone while operating motor

vehicle

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Cellular telephone" means a device used to access wireless telephone service.

B. "Handheld cellular telephone" means a cellular telephone with which a user engages in a call using at least one hand.

C. "Hands-free cellular telephone" means a cellular telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of the cellular telephone, by which a user may activate and deactivate the phone and talk and listen without the use of either hand.

2.__Prohibition.__A person may not operate a motor vehicle while using a handheld cellular telephone.__A person may not operate a motor vehicle while using a hands-free cellular telephone unless the features of the cellular telephone that allow hands-free operation are being used.

3.__Penalty. The following penalties apply to violations of this section.

A.__A person who violates this section commits a traffic infraction for which a fine of not less than $50 may be adjudged.

B. A person who violates this section after being adjudicated as violating this section commits a traffic infraction for which a fine of not less than $250 may be adjudged.

4.__Exception.__This section does not apply to the following persons operating a motor vehicle within the scope of their employment:

A.__Drivers of authorized emergency vehicles as defined in section 2054;

B.__Physicians;