§ 21–1124.2
Statutes in effect as of October 1, 2026.
Md. Code Ann., Transp. § 21-1124.2 (2026)
Title 21. Vehicle Laws -- Rules of the Road
Subtitle 11. Miscellaneous Rules
§ 21–1124.2LinkCopy Citation
(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:
(i)
A 9–1–1 system;
(ii)
A hospital;
(iii)
An ambulance service provider;
(iv)
A fire department;
(v)
A law enforcement agency; or
(vi)
A first aid squad;
(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.