Maine: Cell phone laws, legislation

Last updated: October 10, 2017
Texting, cell phone news: The Maine Supreme Judicial Court gave distracted driving laws a boost in late August when it ruled that a court didn’t need specific evidence of how a driver was distracted in order to convict him. The ruling came in the case of a 2015 fatality in which a driver slammed into a stopped vehicle from behind, without braking. A passenger in another vehicle was killed in the chain-reaction crash. The driver admitted he may have been looking at a piece of paper before causing the wreck. The driver was convicted on two counts, including failure to maintain control, via a “preponderance of evidence.”

Maine flag for hands free post Gov. Paul LePage successfully vetoed the Legislature’s plan to ban drivers’ use of handheld cell phones. The House’s follow-up vote of Aug. 2 did not reach the two-thirds majority needed for an override. The Senate did vote to override, but the bill is now dead. LePage had previously suggested he would work with lawmakers on a ban on handheld cell phone use, but on July 25 he called the distracted driving measure an example of “social engineering.” He said cell phone technology eventually would take care of the distracted driving problem.

Current prohibitions:

  • Text messaging prohibited for all drivers. Minimum $250 fine (first offense), then $500 with possible license suspension.
  • Drivers under the age of 18 prohibited from using cell phones while driving.
  • Drivers with learner’s permits or intermediate licenses prohibited from using cell phones while driving.
  • General distracted driving law penalizes motorists who fail to have their vehicles under control due to wide range of behaviors. Enforcement tied to other traffic offense or accident.

Distracted driving legislation (2017):
SP 360, LD 1089: Would bar all drivers from using handheld cell phones while driving. Adult drivers (18 years and up) allowed to use wireless communications devices in hands-free mode. Fine: $75 (first offense), then $150. Approved by the Senate in a 21-14 vote of June 16. Approved by the House in an 85-60 vote of June 20 and again on June 21. Final approval by the Senate on July 20. Vetoed by the governor in late July. Senate voted 24-10 to override veto on Aug. 2. House voted 81-54, failed to override veto. Bill dead. (Diamond)

HP 88, LD 120: Would require 90-day license suspensions for violations of state’s texting & driving law. Violator has no right to a hearing. Transportation Committee marked as “ought not to pass” on March 30. (Stanley)

Distracted driving notes (2017)
A produce truck driver has been sentenced to 17 years in prison for killing a middle-school teacher in a crash linked to cell phone use. Joshua McNally will serve six years under the manslaughter plea agreement. Prosecutors noted extensive cell phone use in the hour before the crash near Caso, in which McNally crossed the center line. His license previously was suspended for texting & driving. The truck driver killed Adam Perron, a young father. In handing down the sentence Oct. 9, the judge said smartphone use was a “new addiction.”

After announcing his veto of the handheld cell phone act, Gov. Paul LePage proposed another route to curing distracted driving: Pass a law that “Every driver has to have both hands on the wheel at all times.”

Fines under the vetoed plan would have been $75 (first offense), then $150. The House signed off on the measure June 20 and 21. The Senate’s OK came June 16 and July 20. The state currently bans texting & driving for all drivers, but allows cell phone use by adults. LD 1089 would restrict adults to hands-free cell phone use but continue a ban on cell phone use by teen drivers.

State Rep. Stephen Stanley proposed for 2017 a mandatory 90-day license suspension for violators of the state’s texting while driving law. Violators would not be entitled to a hearing under the plan. The law currently allows suspensions for serial offenders. The Transportation Committee marked the proposal “ought not to pass” March 30. The current penalty for first-time violators is at least $250. Stanley’s proposal was HP 88/LD 120.

Gov. Paul LePage appears to favor license suspensions for distracted driving violators. “I think we’re going to have to look at giving them a vacation from driving,” he has said.

State law officers cited 858 people for texting while driving in 2016.

2015 distracted driving legislation:
SP 60, LD 185: Would outlaw driving while handling a mobile phone. Fine: $50 (first offense), then $250. Exempts doctors, holders of commercial driver’s licenses, etc. Transportation Committee voted 7-6 against passage on March 6. Rejected by the full House in a 55-88 vote of April 21. Amended and approved by the Senate on April 23. Rejected again (majority report) by House on May 7. (Katz)

HP 178, LD 246: Would prohibit handheld cell phone use while driving. See SP 60, above. Dead as of March 12. (Mastraccio)

2015 distracted driving notes:
State Sen. Roger Katz’s 2015 plan to bar drivers from using handheld cell phones went down to defeat April 21 in a 55-88 vote in the House and then again in early May 7. Katz correctly anticipated that the “libertarian streak” in Maine would be a factor during debate. Representatives also cited the bill’s fines. The Transportation Committee had voted 7-6 against passage March 6, but the plan still advanced to the full Legislature. The Senate amended and approved the plan but the House again rejected it. Fines would have started at $50, then increased to $250. Rep. Anne-Marie Mastraccio has the House version but pushed for the Katz plan.

Maine law officers cited 1,080 people for distracted driving in the six months ending March 1, 2015. Of those, 429 were for texting. Officers made 2,179 traffic stops for distracted driving in 2014, resulting in 1,346 warnings and 833 tickets. State Police say a hands-free law would help officers enforce the law since texting motorists cannot claim to be manipulating a cell phone for legal reasons, such as dialing a number.

The Department of Public Safety reports about 8,000 crashes linked to distracted driving between 2011 and 2013. Those crashes resulted in 41 fatalities.

State Rep. Wayne Perry raised an old economic argument against the handheld cell phone bill during debate March 6: “What’s going to happen to the people who can’t afford to spend on the hands-free?” he said. “Are we going to put a subsidy …?” Headsets for cell phones sell for as little as a couple of dollars.

State Sen. Roger Katz told a Feb. 27 hearing on his handheld cell phone bill bill that there were over a dozen fatalities in Maine linked to distracted driving in 2014 — “lives that did not have to end.” The Transportation Committee did not vote on his bill, but plans work sessions on the issue.

Katz’s bill allows for all cell phone use by doctors, drivers with commercial licenses, municipal public works drivers, DOT personnel and first responders. The exceptions aren’t supported by the Maine Chiefs of Police Association and the Sheriffs’ Association, which say the law should apply to all. Katz says he’s “not married to that particular list.”

Earlier, Katz said his handheld cell phone proposal should produce “an interesting debate. It’s come up in Maine before. … Maybe enough time has past so we can take another look at it.” He admits to being a cell phone user while behind the wheel and says hands-free use “is not a lot better” than handheld use. “It just isn’t safe.” Hear Katz discuss his cell phone legislation.

Texting was the most-cited distracted driving offense between Sept. 1, 2014, and March 1. “The largest percentage of drivers cited were for texting, but troopers have also summonsed motorists for eating, reading and putting on makeup,” State Police Chief Robert Williams said.

2014 distracted driving news:
Gov. Paul LePage told an Aug. 5 press conference that he now favors demerit points vs. distracted drivers’ licenses. “I think we’re going to have to look at giving them a vacation from driving,” he said. His comments came as part of a $600,000 distracted driving campaign funded by the federal government.

The Maine Bureau of Highway Safety has added warnings about distracted driving to the sides of 16 tractor-trailers with the wording: “One text or call could WRECK it all.” And: “Survive your drive: No distractions, no excuses.” For work zones, new bright yellow warning signs will say: “Distracted driving kills.” The educational efforts, announced in early August, are part of a broad $600,000 distracted driving campaign funded by federal grants.

2013 distracted driving legislation:
Twelve people died on Maine roads and highways in 2013 because of distracted driving, the Department of Public Safety says. State Police said they stopped and cited about 800 distracted drivers in 2013.

Distracted driving notes (2013):
About 3,000 crashes and 12 deaths were linked to distracted driving in 2013, state officials said. Over the past three years, there were 8,000 crashes and 41 deaths.

2013 distracted driving legislation:
LD 1912: Increases minimum fine for text messaging while driving from $100 to $250. For minor drivers with provisional licenses, increases fines and suspension periods among other general safety changes. Filed as an “after deadline bill” in response to recent distracted driving deaths. Approved by the Senate in a 25-10 vote taken April 12 and then by the House in an 82-61 vote taken the next day. Latest action: Signed by the governor April 24. Takes effect Aug. 30, 2012 — 90 days after Legislature adjourned in May. (Diamond)

LD 1808: Would exempt law officers, firefighters and emergency medical workers from texting and driving ban. Dead. (Nutting)

2012 distracted driving notes:
In 2012, Maine increased the minimum fine for texting & driving to $250, up from $100. The fine hike for all drivers came as part of “An Act To Encourage Responsible Teen Driving.” The act’s many changes affecting minor drivers with provisional licenses include increased fines and suspension periods. The changes were inspired by the 16 traffic deaths of teens and young adults in the year’s first quarter.

Maine State Police ran a summerlong crackdown on distracted driving. While Maine does not ban handheld cell phone use by adult drivers, police have been writing cell phone users tickets if they appear to be driving distracted. Texting is illegal for all drivers. Seat belt use also will be emphasized in the sweep, police say. The sweep began July 1.

Maine Secretary of State Charlie Summers requested the legislation (LD 1912) that led to higher fines for texting & driving, as well as more restrictions on young drivers. He said the new law should get results with young drivers: “Two things young people don’t want to lose is their cellphone and their driver’s license.”

The law hikes the minimum fine for texting & driving to $250, increases fines and terms of license suspensions for offenders with juvenile provisional license, and increases the amount of time a repeat offender would lose his or her provisional license. The effective date is Aug. 30, 2012.

Summers cited bipartisan support in the Legislature for the increased penalties. “The willingness to take immediate action on this important issue is a huge accomplishment as we head into the 2012 prom and graduation season,” he said April 24. The law actually takes effect after prom season, but officials and legislators hope the message has been sent.

Police and other emergency responders were intentionally included in the Maine texting & driving ban, even though they’re routinely exempted in other states. House Speaker Robert Nutting’s LD 1808 would apply the exemption, following complaints that police were not able to pull to the side of the road and type. The Maine Chiefs of Police Association hasn’t backed the bill. “We don’t think we should have any special privileges,” a spokesman for the group said at a Transportation Committee hearing Feb. 21. “We don’t believe police officers should be texting any more than the average citizen.”

Police in Maine are experimenting with the use of unmarked vans to peer down on drivers who may be violating the electronic distracted driving laws. “The public sees this every day,” a spokesman said. “But the problem is that police in marked cruisers are at a disadvantage because this activity is quickly put away.” Police in other states have used SUVs in the same effort.

2011 distracted driving notes:
Gov. Paul LePage signed State Sen. Bill Diamond’s bill banning the reading and writing of text messages (and email) on June 3, 2011. The sending of text messages while driving remains legal.

Maine traffic fatalities numbered 136 in 2011, the lowest figure reported since 1959. Some of the credit went to the state’s education efforts against distracted driving and its 2011 ban on texting while behind the wheel.

Police in Berwick say the truck driver killed when he slammed into a train in July was distracted by talking on his cell phone. Peter Barnum, 35, died immediately.

LD 736 and LD 670 received a public hearing March 15 before the Transportation Committee. LD 670 sponsor Cynthia Dill, D-Cape Elizabeth, told the panel she saw no meaningful difference between using a cell phone and text messaging while driving: “In order to text, you have to turn on your phone and you press buttons. In order to use the cellular telephone, you turn it on and you press buttons.”

All Maine legislation over the years that sought to prohibit adults’ use of handheld cell phones while driving has failed to advance.

The Maine Chiefs of Police Association spoke in favor of LD 736 and LD 670 at the Transportation Committee’s hearing of March 15. The state Civil Liberties Union presented its case against the bills.

State Sen. Bill Diamond, D-Windham, and AT&T Maine exec Owen Smith wrote an Op/Ed piece carried in the Portland Press Herald that said of LD 736: “The legislation would impose a civil fine of $100 if someone is stopped by a police officer who observes a driver texting. We believe this is enough of a fine to get the attention of drivers, and to get people focused on the danger they put themselves and others in while trying to multitask behind the wheel.”

Diamond’s general distracted driving law went into effect Sept. 12, 2009. He told told the Transportation Committee on March 15, 2011: “The one thing (the 2009 law) hasn’t done, which we hoped it would, is have an impact on the texting.”

2011 distracted driving legislation:
SP 228/LD 736: Outlaws text messaging while driving in Maine. Fine no less than $100. Amended in committee to delete “sending” of texts and email as offenses. Approved by the Senate on April 14 (no roll call vote). Approved by the House in a 129-13 vote on May 19. Final non-roll call approval in the House and Senate on May 23. Latest action: Signed into law by the governor on June 3. (Diamond)

HP 500/LD 670: Would ban use of handheld electronic devices while driving. Hands-free operation OK. Fines: $50 (first offense) then $250. Latest legislative action: Killed by the Transportation Committee on April 13. (Dill)

2010 distracted driving notes:
Sen. Bill Diamond, D-Windham, said of his new text messaging legislation completed in October: “While Maine took a big step forward passing a distracted driver law in 2009, it is clear to me now that measure deals more with the effect,” Diamond said Aug. 31. “The proposed ban on texting while driving I have put forward deals better with the cause of the problem.”

AAA Northern New England said Diamond’s campaign for a text messaging law comes at a good time, in late August, as teens are returning to school: “This is an excellent opportunity to remind Maine teen drivers that it is illegal to text while driving until you have reached 18 years of age.”

2009 legislation:
SP 15/LD 6 — Would make distracted driving an offense. The original legislation cited electronic devices including games, e-mail and texting devices, as well as grooming. These references were removed. Went into effect Sept. 12, 2009.

HP 35/LD 40 — Would prohibit drivers from using handheld cell phones unless a hands-free accessory is employed. Also prohibiting handheld cell phone use: HP 96/LD 112. Rejected in transportation committee on Feb. 19.

HP 36/LD 41 — Would prohibit drivers from making cell phone calls unless a hands-free accessory is employed, and from text messaging.

Legislation notes:
The distracted driving law was enacted June 12, 2009, and signed by Maine’s governor on June 19. It took effect Sept. 12. Read Maine’s distracted driving law.

Sen. Bill Diamond says his overall law targeting distracted drivers (SP 15/LD 6) makes more sense than a list of banned devices for drivers that would need regular updating. “We cannot just focus on cell phones or the electronic device of the day that people are interested in at that moment,” Diamond says. “What we do is focus on the behavior, not what specifically caused it.”

Rep. Mike Michaud, D-Maine, told the Bangor Daily News that Maine’s distracted driving approach — targeting the behavior, not the devices — has drawn interest from the Transportation secretary and other members of the U.S. House.

The cell phone driving legislation from Rep. George Hogan, D–Old Orchard Beach, calls for fines between $50 and $250. “It’s on the minds of every state, and almost every state is more aggressive than Maine,” Hogan said.

Text messaging brings a fine of not less than $500 under the legislation sponsored by Rep. Paulette Beaudoin, D-Biddeford (HP 36/LD 41). Cell phone fines under the law would be between $50 and $250.

The Sun Journal of Lewiston, Maine, editorialized on texting and driving: “Researchers found texting, as compared to other habits that distract drivers, is exponentially more dangerous than once thought. … Texting is unsafe. Lawmakers in Maine should ban it specifically (not just distracted driving). Drivers should be told of its dangers and punished if caught doing it. It is a safety issue. It’s common sense.” (July 29, 2009)

A hands-free bill died in the state Senate in June 2007.

A study of cell phone-related accidents was mandated by the Legislature, to run through September 2008 with a report due by Jan. 15, 2009. That study was the result of legislation from Rep. Christopher Babbidge, D-Kennebunk, who also authored the state law regarding recycling of used cell phones.


  1. Stephanie Willette says:

    I agree with the no hands law. Why should doctors be exempt? Doctors have more resources and can afford hand free devices. I also agree with fines but they should be higher than what has been recommended. A car is a deadly device if not handled properly.

    Has any thought been given as to how this will be enforced? Our law enforcement agencies have difficulty enforcing the laws already in place. I see dangerous acts being committed everyday, while driving.

  2. I think this is the best thing that could happen… i have Passed Car’s where the Driver’s have been texting … all over the road because they can not shut the phone off while they are driving… as we know there have been accident’s to do with texting…i have a ford fusion it has a button on the steering wheel if i turn my bluetooth on my cell it come’s in through my Speaker’s … that is still a distraction even though i can pay better attention still not a good thing.

  3. Parents can buy cell phone jammers to hide in the car. Kids cannot use their cell phones if the jammer is in the car. If you know a handy man or mechanic, it can be hardwired to the car ignition so the cell phone can only be used if the car is turned off.

  4. Julie Silverman says:

    Cell phones, texting while operating a vehicle, have cost the lives of many people in Maine. California law has banned cell phones and it is working well.

    People can pull off the road and park to use their phone or return a call. What can i do to get this law passed?

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