An Act To Amend the Laws Prohibiting the Use of Handheld Phones and Devices While Driving
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Maine residents need and expect laws governing road safety to be clear and consistent; and
Whereas, this legislation clarifies a new law setting the fines imposed upon a driver who has violated the prohibition against using a handheld electronic device or mobile telephone while operating a motor vehicle; and
Whereas, the new law was also intended to exempt all band and 2-way radios, but included exceptions only for certain types of 2-way radios as defined by the Code of Federal Regulations, creating confusion about what is and what is not permitted, and this legislation clarifies that the intent is to exempt all band and 2-way radios; and
Whereas, this legislation must take effect as soon as possible in order to prevent confusion about the new law; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 29-A MRSA §101, sub-§26-C, as enacted by PL 2019, c. 486, §3, is amended to read:
Sec. 2. 29-A MRSA §1304, sub-§1, ¶I, as amended by PL 2019, c. 486, §4, is further amended to read:
A person who has been issued a learner's permit may use, manipulate, talk into or otherwise interact with a handheld electronic device or mobile telephone 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 or into a parking area and has halted in a location where the motor vehicle can safely remain stationary.
A person who violates this paragraph commits a traffic infraction.
Sec. 3. 29-A MRSA §1311, sub-§1, ¶C, as amended by PL 2019, c. 486, §5, is further amended to read:
A person under 18 years of age who has been issued a driver's license may use, manipulate, talk into or otherwise interact with a handheld electronic device or mobile telephone 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 or into a parking area and has halted in a location where the motor vehicle can safely remain stationary.
Sec. 4. 29-A MRSA §2119, sub-§2, as amended by PL 2019, c. 486, §9, is further amended to read:
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 or into a parking area 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.
Sec. 5. 29-A MRSA §2121, sub-§1, as enacted by PL 2019, c. 486, §10, is amended to read:
A person who has pulled a motor vehicle to the side of, or off, a public way or into a parking area and has halted in a location where the motor vehicle can safely remain stationary may use, manipulate, talk into or otherwise interact with a handheld electronic device or mobile telephone.
Sec. 6. 29-A MRSA §2121, sub-§3, as enacted by PL 2019, c. 486, §10, is amended to read:
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
summary
This bill simplifies the definition of "handheld electronic device" in recently enacted law prohibiting the use of handheld electronic devices while driving. It adds parking areas to the places where the use of mobile telephones and handheld electronic devices while driving is prohibited. It changes the penalty provisions to provide a fine of $50 for the first offense and $250 for a 2nd or subsequent offense.