§ 21-1124-2

(a) (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) 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) 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)

ulations. (c) 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) (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) (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) 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

cle unless the offense contributes to an accident. (f) 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.