{"data":{"id":"us-md/md.-code-transportation-21-1124.2","jurisdiction":"us-md","citation":"Md. Code, Transportation § 21–1124.2","heading":"","body":"(a) (1) In this section the following words have the meanings indicated.\n(2) “Handheld telephone” means a handheld device used to access wireless telephone service.\n(3) “9–1–1 system” has the meaning stated in § 1–301 of the Public Safety Article.\n(b) This section does not apply to:\n(1) Emergency use of a handheld telephone, including calls to:\n(i) A 9–1–1 system;\n(ii) A hospital;\n(iii) An ambulance service provider;\n(iv) A fire department;\n(v) A law enforcement agency; or\n(vi) A first aid squad;\n(2) Use of a handheld telephone by the following individuals when acting within the scope of official duty:\n(i) Law enforcement personnel; and\n(ii) Emergency personnel;\n(3) Use of a handheld telephone as a text messaging device as defined in § 21–1124.1 of this subtitle; and\n(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.\n(c) The following individuals may not use a handheld telephone while operating a motor vehicle:\n(1) A driver of a Class H (school) vehicle that is carrying passengers and in motion; and\n(2) A holder of a learner’s instructional permit or a provisional driver’s license who is 18 years of age or older.\n(d) (1) This subsection does not apply to an individual specified in subsection (c) of this section.\n(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.\n(e) (1) A person convicted of a violation of this section is subject to the following penalties:\n(i) For a first offense, a fine of not more than $75;\n(ii) For a second offense, a fine of not more than $125; and\n(iii) For a third or subsequent offense, a fine of not more than $175.\n(2) Points may not be assessed against the individual under § 16–402 of this article unless the offense contributes to an accident.\n(f) The court may waive a penalty under subsection (e) of this section for a person who:\n(1) Is convicted of a first offense under this section; and\n(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.","path":["Article - Transportation"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr\u0026section=21-1124.2","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T20:01:38Z","sha256":"4b467d20988ca4f73d4fd6b22be4ed9617396f40cebb11dfa6b4e5e8a50b04ac","source_id":"us-md","stale":false,"prev":"us-md/md.-code-transportation-21-1124.1","next":"us-md/md.-code-transportation-21-1124.3"},"notice":"GroundRules: Original legal text. Not legal advice."}