Section 21-1124.2 - Communications Traffic Safety Act. - Maryland Statutes

§ 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 CFR 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)  Enforcement as secondary offense.- A police officer may enforce this section only as a secondary action when the police officer detains a driver for a suspected violation of another provision of the Code. 

(f)  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 $40; and 

(ii) For a second or subsequent offense, a fine of $100. 

(2) For a first offense under this section, points may not be assessed against the individual under § 16-402 of this article unless the offense contributes to an accident. 

(g)  Penalties - Waiver.- The court may waive a penalty under subsection (f) 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. 
 

[2010, chs. 538, 716.]