Section 21-1124.2 - Communications Traffic Safety Act(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: (iii) An ambulance service provider;(v) A law enforcement agency; or(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.Amended by 2014 Md. Laws, Ch. 260,Sec. 1, eff. 10/1/2014.Amended by 2014 Md. Laws, Ch. 248,Sec. 1, eff. 10/1/2014.Amended by 2013 Md. Laws, Ch. 638,Sec. 1, eff. 10/1/2013.Amended by 2013 Md. Laws, Ch. 637,Sec. 1, eff. 10/1/2013.This section is set out twice. See also § -21-1124.2, effective until 10/1/2014.