1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Handheld telephone” means a handheld device used to access wireless telephone service.
   3. (3) “9-1-1 system” has the meaning stated in § 1-301 of the Public Safety Article.

2. (b) This section does not apply to:

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

      1. (i) A 9-1-1 system;
      2. (ii) A hospital;
      3. (iii) An ambulance service provider;
      4. (iv) A fire department;
      5. (v) A law enforcement agency; or
      6. (vi) A first aid squad;

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

      1. (i) Law enforcement personnel; and
      2. (ii) Emergency personnel;
   3. (3) Use of a handheld telephone as a text messaging device as defined in § 21-1124.1 of this subtitle; and
   4. (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.

3. (c) The following individuals may not use a handheld telephone while operating a motor vehicle:

   1. (1) A driver of a Class H (school) vehicle that is carrying passengers and in motion; and
   2. (2) A holder of a learner's instructional permit or a provisional driver's license who is 18 years of age or older.

4. (d)

   1. (1) This subsection does not apply to an individual specified in subsection (c) of this section.
   2. (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.

5. (e)

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

      1. (i) For a first offense, a fine of not more than $75;
      2. (ii) For a second offense, a fine of not more than $125; and
      3. (iii) For a third or subsequent offense, a fine of not more than $175.
   2. (2) Points may not be assessed against the individual under § 16-402 of this article unless the offense contributes to an accident.

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

   1. (1) Is convicted of a first offense under this section; and
   2. (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.

Added by Acts 2010, c. 538, § 1, eff. Oct. 1, 2010. Amended by Acts 2010, c. 716, § 1, eff. Oct. 1, 2010; Acts 2013, c. 43, § 5; Acts 2013, c. 637, § 1, eff. Oct. 1, 2013; Acts 2013, c. 638, § 1, eff. Oct. 1, 2013; Acts 2014, c. 248, § 1, eff. Oct. 1, 2014; Acts 2014, c. 260, § 1, eff. Oct. 1, 2014.