(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) 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
(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.
Structure Maryland Statutes
Title 21 - Vehicle Laws -- Rules of the Road
Subtitle 11 - Miscellaneous Rules
Section 21-1101 - Unattended Motor Vehicle
Section 21-1102 - Limitations on Backing
Section 21-1103 - Driving on Sidewalk
Section 21-1104 - Obstruction to Driver's View or Driving Mechanism
Section 21-1105 - Opening and Closing Vehicle Doors
Section 21-1106 - Riding in Mobile Homes
Section 21-1107 - Restrictions on Persons in Cargo Areas of Vehicles
Section 21-1108 - Coasting Prohibited
Section 21-1110 - Crossing Fire Hose
Section 21-1112 - Turning Off Lights to Avoid Identification Prohibited
Section 21-1113 - Placing Traffic Hazard Along Highway Prohibited
Section 21-1115 - Moving or Removing Lights or Guards on Highways Prohibited
Section 21-1116 - Race or Speed Contest Prohibited
Section 21-1117 - Skidding, Spinning of Wheels, and Excessive Noise Prohibited
Section 21-1118 - School Bus Regulations
Section 21-1119 - Snow Emergency Routes
Section 21-1120 - Wearing Earphones, Headsets, etc., Prohibited
Section 21-1121 - Children in Rear of Pickup Trucks
Section 21-1122 - Noise Limitations on Use of Sound Amplification Systems
Section 21-1124.1 - Text Messaging Prohibited
Section 21-1124.2 - Communications Traffic Safety Act
Section 21-1125 - Limitations on Driving Low Speed Vehicles
Section 21-1126 - Recording Illegal Activity
Section 21-1127 - Operation of Limousine of Certain Size
Section 21-1128 - Dispensing of Motor Fuel Into Dirt Bike
Section 21-1129 - Driving While Video and Electronic Display Equipment Are On
Section 21-1130 - Requirements for Operation of All-Terrain Vehicle or Snowmobile on Public Property
Section 21-1131 - Causing Diesel Emissions to Discharge Onto Another Prohibited; Exceptions