Section 2119 - Text messaging while operating motor vehicle; prohibition1.Definitions.[2019, c. 486, §9(RP).]
2.Prohibition. A person may not operate a motor vehicle on a public way while engaging in text messaging, including but not limited to when the motor vehicle is temporarily stationary because of traffic, a traffic light or a stop sign. A person may engage in text messaging while in the operator's seat of a motor vehicle if the person has pulled the motor vehicle over to the side of, or off, a public way and has halted in a location where the motor vehicle can safely remain stationary.
Nothing in this section prohibits a person employed as a commercial driver or a school bus driver from using a handheld electronic device or mobile telephone within the scope of the person's employment as permitted under Federal Motor Carrier Safety Administration regulations.
[2019, c. 486, §9(AMD).]
3.Penalties. The following penalties apply to a violation of this section. A. A person who violates this section commits a traffic infraction for which a fine of not less than $250 may be adjudged. [2013, c. 188, §1(NEW).]B. A person who violates this section after previously having been adjudicated as violating this section within a 3-year period commits a traffic infraction for which a fine of not less than $500 may be adjudged, and the Secretary of State shall suspend the license of that person without right to hearing. The minimum periods of license suspension are: (1) Thirty days, if the person has 2 adjudications for a violation of this section within a 3-year period;(2) Sixty days, if the person has 3 adjudications for a violation of this section within a 3-year period; and(3) Ninety days, if the person has 4 or more adjudications for a violation of this section within a 3-year period. For the purposes of this paragraph, an adjudication has occurred within a 3-year period if the date of the new conduct is within 3 years of the date of a docket entry of adjudication of a violation of this section. [2013, c. 188, §1(NEW).]
[2013, c. 188, §1(RPR).]
Amended by 2019, c. 486,§ 9, eff. 9/19/2019.Amended by 2013, c. 381,§ B-28, eff. 10/9/2013.Amended by 2013, c. 188,§ 1, eff. 10/9/2013.Amended by 2012, c. 654,§ 7, eff. 8/30/2012.Added by 2011, c. 207,§ 1, eff. 9/28/2011.