# Transportation (GTR)

## Title 21. Vehicle Laws -- Rules of the Road

### Subtitle 11. Miscellaneous Rules

#### Section 21-1124.2

(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 Sec. 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 Sec. 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 Sec. 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.

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Md. Code Ann., Transp. (as displayed at mgaleg.maryland.gov, October 16, 2026)