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NEW MAINE LAW PROHIBITING USE OF PHONES AND OTHER DEVICES WHILE DRIVING GOES INTO EFFECT THURSDAY, 9/19/19

“An Act to Prohibit the Use of Handheld Phones and Devices While Driving,” LD 165, amending 4 MRSA section 20, goes into effect Thursday, September 19, 2019. As discussed below, the law is quite broad, prohibiting ANY use of phones and other devices by certain drivers, whether in “hands-free” mode or not, and bans the use of not only mobile phones for texting and talking and other functions, but most use of other devices such as portable GPS devices and satellite radio receivers.

Common sense would suggest that a “handheld electronic device” is a device held in your hand. Alas, that is not the case. The law defines a “handheld electronic device” as “any handheld electronic device or portable electronic device that is not part of the operating equipment of the motor vehicle, including but not limited to an electronic game, a device for sending or receiving electronic mail, a text messaging device or a computer” (emphasis added). (There is no exception for law enforcement personnel.) It explicitly does not include a device used for communication over a citizens’ band radio service, the multi-use radio service (“MURS,” used for short distance two way communications using small portable hand held radios), a land mobile radio service, or a personal medical device such as an insulin pump or heart monitor. In other words, the law governs not only handheld devices, but nearly all electronic devices that are portable, such as GPS and navigation systems, MP3 players, and satellite radio receivers, whether or not they are mounted on the dash, windshield, or elsewhere.

The law provides heightened penalties for text messaging while driving. The law defines “text messaging” as “reading or manually composing electronic communications, including text messages, instant messages and electronic mail, using a handheld electronic device” but does not include using a “global positioning or navigation system.” As discussed below, that does not mean that the law allows free use of portable GPS or navigation systems; it just means the heightened penalties for text messaging while driving do not apply.

NEW AND YOUNG DRIVERS

The law provides different prohibitions for different categories of drivers. Drivers operating with a learner’s permit, drivers under the age of 18, and drivers who have held a license for less than 270 days may not interact with a portable electronic device in any fashion, whether or not in hands-free mode, unless pulled over to the side of, or off of, the road in a safe location. And under existing law, in addition to penalties described below, drivers operating under a provisional license (the first two years for drivers under the age of 21, and 1 year for persons at least 21 years old) are subject to automatic license suspension for any violation of traffic laws (30 days on first offense, 180 days on second offense, and one year on third and subsequent offenses).

TEXT MESSAGING

No driver may text message while operating a motor vehicle on a public way, including but not limited to when the motor vehicle is temporarily stopped because of traffic, a traffic light or a stop sign. A driver may engage in text messaging only if pulled over to the side of, or off of, the road in a safe location. (The prohibition does not apply to commercial drivers and school bus drivers using devices within the scope of their employment as permitted under Federal Motor Carrier Safety Administration regulations.)

Text messaging in violation of this prohibition is a traffic infraction carrying a fine of not less than $250 for the first offense. Subsequent violations are punished even more severely. Subsequent offenses within a 3-year period are traffic infractions for which a fine of not less than $500 may be adjudged, along with mandatory license suspensions without right to hearing. For a second offense within a 3-year period, the suspension is for a minimum of thirty days; for a third offense, a suspension of at least sixty days is called for; for a fourth and subsequent offenses within the 3-year period, a suspension of no less than ninety days is required.

USE OF TELEPHONES AND ELECTRONIC DEVICES WHILE DRIVING

Drivers may not use, manipulate, talk into, or otherwise interact with a handheld or portable electronic device, including when the vehicle is temporarily stationary because of traffic, a traffic light, or a stop sign, unless: (1) the driver is using the device in order to communicate with law enforcement or emergency services personnel under emergency circumstances, meaning in circumstances in which there is an immediate threat to the health or well-being of any person (this exception is not available to drivers operating with a learner’s permit, but is available to other young and new drivers); or (2) the driver is using the device in hands-free mode (as noted above, this exception is unavailable to drivers under the age of 18, drivers operating with a learner’s permit, or an intermediate license subject to 270-day restrictions). The prohibition does not apply to commercial drivers and school bus drivers in the scope of their employment.

For a driver to use a portable electronic device in a vehicle, he or she must pull to the side of, or off, the road in a safe place.

The only other permissible interaction with portable electronic devices by drivers is the use of a single hand to activate or deactivate a feature or function of the device that is in hands-free mode and mounted or affixed to the vehicle in a location that does not interfere with the view of the road, and then only if the feature or function activated requires only a single swipe, tap or push of the operator’s finger.

Typing in an address into a GPS or navigation system, scrolling through a playlist to select a song, scrolling through contacts to call them, scrolling through stations on Amazon music or Spotify or a (portable) satellite radio receiver? All are illegal under the new law, unless via a device built in to the vehicle.

Violations are treated as traffic infractions for which fines of not less than $50 for a first offense and not less than $250 for second and subsequent offenses may be adjudged.

NEW LAW GOVERNING CHILD SAFETY SEATS AND SEAT BELTS GOES INTO EFFECT 9/19/19

LD 1269, amending 29-A MRSA section 1861, provides new rules governing the use of child safety seats and seat belts, and goes into effect Thursday, September 19, 2019, along with the more widely-discussed update to Maine law governing the use of handheld and electronic portable devices while driving. This law applies to motor vehicles that are required to be equipped with seat belts (so not, for example, to school or commercial buses).

The law sets up several tiers of requirements. First, any child less than two years old must be properly secured in a rear-facing child restraint system (a device, generally referred to as a car seat, designed for use in a motor vehicle to restrain, seat and position children who weigh 80 pounds or less that meets the requirements of Federal Motor Vehicle Safety Standard 213; this does not include a traditional lap or lap/shoulder safety belt).

Second, any child two years or older and weighing less than 55 pounds must be properly secured in a child restraint system in accordance with the device and vehicle manufacturers’ instructions.

Third, any child less than 8 years of age, weighing less than 80 pounds, and less than 57 inches in height, must be properly secured in a belt positioning seat (a child restraint system, generally referred to as a booster seat, that positions a child on a motor vehicle seat to improve the fit of a seat belt on the child).

Fourth, the driver must ensure that all passengers less than 18 years of age (and not subject to the booster seat requirement above), be properly secured in a seat belt.

Fifth, the driver must ensure that any child less than 12 years of age and weighing less than 100 pounds must also be properly secured in the rear seat, if possible.

Sixth, all operators, and passengers 18 years of age or older are required to be properly secured by a seat belt. The adult passenger is responsible for complying with this requirement (as noted above, the driver is responsible for ensuring those under 18 are properly secured). Among other exceptions, this requirement does not apply if all of the seat belts are already in use by others, nor does it apply to an operator or passenger who has a medical condition that warrants an exemption as documented by a certificate from a physician.

Violation of any of these requirements is a traffic infraction, for which a fine of $70 for the first offense, $160 for the second offense, and $310 for the third and subsequent offenses must be imposed, and may not be suspended by the court.