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Use of Handheld Phones While Driving

Effective October 1, 2010, in the state of Maryland, Senate Bill 321 prohibits the driver of a school vehicle that is carrying passengers and is in motion from using a handheld telephone. The prohibition also applies to the holder of a learner's permit or provisional driver's license. Any other driver of a motor vehicle that is in motion may not use a handheld telephone; instead, the driver may only use his or her hands to initiate or terminate a wireless phone call or turn the handheld telephone on or off. The prohibitions do not apply to the emergency use of a handheld phone, including calls to a 911, hospital, ambulance service provider, fire department, law enforcement agency, or first aid squad. The prohibition is also inapplicable to law enforcement or emergency personnel when acting within the scope of official duty and to the use of a handheld phone as a text messaging device.

The offense is enforceable as a secondary action only. For a first offense, the violator is subject to a maximum fine of $40 and points may not be assessed against their driver's license unless the offense contributes to an accident. The court is authorized to waive the fine for a first time conviction if the person proves that they have acquired a hands free accessory attachment, add on or built in feature for the handheld phone that will allow them to operate a motor vehicle in compliance with the bill's provisions. For a second or subsequent offense, the fine is $100.

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