In this section the following words have the meanings indicated. “Handheld telephone” means a handheld device used to access wireless telephone service. “9–1–1 system” has the meaning stated in § 1–301 of the Public Safety Article. This section does not apply to: Emergency use of a handheld telephone, including calls to: A 9–1–1 system; A hospital; An ambulance service provider; A fire department; A law enforcement agency; or A first aid squad; Use of a handheld telephone by the following individuals when acting within the scope of official duty: Law enforcement personnel; and Emergency personnel; Use of a handheld telephone as a text messaging device as defined in § 21–1124.1 of this subtitle; and 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. The following individuals may not use a handheld telephone while operating a motor vehicle: A driver of a Class H (school) vehicle that is carrying passengers and in motion; and A holder of a learner’s instructional permit or a provisional driver’s license who is 18 years of age or older. This subsection does not apply to an individual specified in subsection (c) of this section. 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. A person convicted of a violation of this section is subject to the following penalties: For a first offense, a fine of not more than $75; For a second offense, a fine of not more than $125; and For a third or subsequent offense, a fine of not more than $175. Points may not be assessed against the individual under § 16–402 of this article unless the offense contributes to an accident. The court may waive a penalty under subsection (e) of this section for a person who: Is convicted of a first offense under this section; and 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.