that has an internal feature or function or that is equipped
with an attachment or addition, whether or not permanently part
of such handheld mobile telephone, by which a user engages in a
call without the use of either hand, whether or not the use of
either hand is necessary to activate, deactivate or initiate a
function of such telephone.
"Handheld mobile telephone." A mobile telephone with which a
user engages in a call using at least one hand.
"Immediate proximity." The distance that permits an operator
of a handheld mobile telephone to hear telecommunications
transmitted over such handheld mobile telephone, but does not
require physical contact with the operator's ear.
"Mobile electronic device." Any handheld or other portable
electronic equipment capable of providing data communication
between two or more persons, including a text messaging device,
a paging device, a personal digital assistant, a laptop
computer, equipment that is capable of playing a video game or a
digital video disk or equipment on which digital photographs are
taken or transmitted, or any combination thereof. The term does
not include any audio equipment or equipment installed in a
motor vehicle for the purpose of providing navigation, emergency
assistance to the operator of such motor vehicle or video
entertainment to the passengers in the rear seats of such motor
vehicle.
"Mobile telephone." A cellular, analog, wireless or digital
telephone capable of sending or receiving telephone
communications without an access line for service.
"Using" or "use." Holding a handheld mobile telephone to or
in the immediate proximity of the user's ear.
Section 2. The Department of Transportation shall develop
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