§ 21-1124.2. Communications Traffic Safety Act

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Handheld telephone" means a handheld device used to access wireless telephone service.

   (3) "9-1-1 system" has the meaning stated in § 1-301 of the Public Safety Article.

(b) Exceptions to applicability of section. -- This section does not apply to:

   (1) Emergency use of a handheld telephone, including calls to:

      (i) A 9-1-1 system;

      (ii) A hospital;

      (iii) An ambulance service provider;

      (iv) A fire department;

      (v) A law enforcement agency; or

      (vi) A first aid squad;

   (2) Use of a handheld telephone by the following individuals when acting within the scope of official duty:

      (i) Law enforcement personnel; and

      (ii) Emergency personnel;

   (3) Use of a handheld telephone as a text messaging device as defined in § 21-1124.1 of this subtitle; and

   (4) Use of a handheld telephone as a communication device utilizing push-to-talk technology by an individual operating a commercial motor vehicle, as defined in 49 C.F.R. Part 390.5 of the Federal Motor Carrier Safety Regulations.

(c) Persons prohibited from use of handheld telephone while driving. -- The following individuals may not use a handheld telephone while operating a motor vehicle:

   (1) A driver of a Class H (school) vehicle that is carrying passengers and in motion; and

   (2) A holder of a learner's instructional permit or a provisional driver's license who is 18 years of age or older.

(d) Prohibited use of handheld telephone while vehicle is in motion. --

   (1) This subsection does not apply to an individual specified in subsection (c) of this section.

   (2) A driver of a motor vehicle that is in motion may not use the driver's hands to use a handheld telephone other than to initiate or terminate a wireless telephone call or to turn on or turn off the handheld telephone.

(e) Penalties. --

   (1) A person convicted of a violation of this section is subject to the following penalties:

      (i) For a first offense, a fine of not more than $ 75;

      (ii) For a second offense, a fine of not more than $ 125; and

      (iii) For a third or subsequent offense, a fine of not more than $ 175.

   (2) Points may not be assessed against the individual under § 16-402 of this article unless the offense contributes to an accident.

(f) Penalties -- Waiver. -- The court may waive a penalty under subsection (e) of this section for a person who:

   (1) Is convicted of a first offense under this section; and

   (2) Provides proof that the person has acquired a hands-free accessory, an attachment or add-on, a built-in feature, or an addition for the person's handheld telephone that will allow the person to operate a motor vehicle in accordance with this section.

HISTORY: 2010, chs. 538, 716; 2013, ch. 43, § 5; chs. 637, 638.