(1) Except as provided under subsection (b) of this section, a driver of a motor vehicle shall not use a wireless telecommunications device while operating a motor vehicle when passing a school building or school zone during school hours when children are present and outside the building.
(2) A driver of a motor vehicle who is passing a school building or school zone during school hours when children are present and outside the building may use a wireless telecommunications device while operating a motor vehicle only in an emergency.
(3) This section does not apply to a law enforcement officer engaged in the performance of his or her official duties.