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ROBERT L. EHRLICH, JR., Governor Ch. 544
(2) ALL RESTRICTIONS OR STANDARDS IMPOSED BY THE LAWS,
ORDINANCES, OR REGULATIONS OF A POLITICAL SUBDIVISION IN THE STATE THAT
GOVERN THE USE OF AN INTERACTIVE WIRELESS COMMUNICATION DEVICE BY THE
DRIVER OF A MOTOR VEHICLE ARE SUPERSEDED BY THIS SECTION.
27-101.
(a) It is a misdemeanor for any person to violate any of the provisions of the
Maryland Vehicle Law unless the violation:
(1) Is declared to be a felony by the Maryland Vehicle Law or by any
other law of this State; or
(2) Is punishable by a civil penalty under the applicable provision of the
Maryland Vehicle Law.
(b) Except as otherwise provided in this section, any person convicted of a
misdemeanor for the violation of any of the provisions of the Maryland Vehicle Law is
subject to a fine of not more than $500.
SECTION 3. AND BE IT FURTHER ENACTED, That from October 1, 2005
until the end of March 31, 2006, the provisions of § 21-1123 of the Transportation
Article as enacted in Section 2 of this Act may be enforced only by the issuance of a
warning that informs the offender of the requirements of § 21-1123 of the
Transportation Article.
SECTION 4. AND BE IT FURTHER ENACTED, That nothing in this Act may
be construed to prevent a law enforcement officer from issuing a warning under this
Act on or after April 1, 2006, if the law enforcement officer believes the warning
would be in the public interest.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "9-1-1 SYSTEM" HAS THE MEANING STATED IN § 1-301 OF THE PUBLIC
SAFETY ARTICLE.
(3) "WIRELESS COMMUNICATION DEVICE" MEANS:
(I) A HANDHELD OR HANDS FREE DEVICE USED TO ACCESS A
WIRELESS TELEPHONE SERVICE; OR
(II) A TEXT MESSAGING DEVICE.
(B) THIS SECTION DOES NOT APPLY TO THE USE OF A WIRELESS
COMMUNICATION DEVICE TO CONTACT A 9-1-1 SYSTEM.
(C) A HOLDER OF A LEARNER'S INSTRUCTIONAL PERMIT OR A PROVISIONAL
DRIVER'S LICENSE WHO IS UNDER THE AGE OF 18 YEARS MAY NOT USE A WIRELESS
COMMUNICATION DEVICE WHILE OPERATING A MOTOR VEHICLE IF THE MOTOR
VEHICLE IS IN MOTION.
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