PRINTER'S NO. 162

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 139 Session of 1983


        INTRODUCED BY LASHINGER, J. L. WRIGHT, COLAFELLA, TELEK, GEIST,
           LETTERMAN, BLAUM, E. Z. TAYLOR AND MICOZZIE, FEBRUARY 8, 1983

        REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 8, 1983

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further prohibiting the use of earphones and
     3     headphones by certain persons using or crossing the public
     4     highways of this Commonwealth.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 75 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 3544.1.  Wearing earphones or headphones while using highways.
    10     (a)  Offense defined.--It is unlawful for any person using a
    11  bicycle, skateboard, roller skates or other form of a
    12  nonmotorized vehicle to wear or utilize earphones or headphones
    13  while using the public streets and highways of this
    14  Commonwealth.
    15     (b)  Exceptions.--This section does not apply to:
    16         (1)  Law enforcement and firefighting personnel when on
    17     duty.
    18         (2)  Any person engaged in the operation of either
    19     special construction equipment or equipment for use in the

     1     maintenance of any highway.
     2         (3)  Any person engaged in the operation of refuse
     3     collection equipment who is wearing a safety headset or
     4     safety earplugs.
     5         (4)  Any person wearing personal hearing protectors in
     6     the form of custom earplugs or molds that are designed to
     7     attenuate injurious noise levels and in such a manner as to
     8     not inhibit the wearer's ability to hear a siren or horn from
     9     an emergency vehicle or horn from another vehicle.
    10     (c)  Removal by pedestrians or joggers.--Pedestrians and
    11  joggers using earphones and headphones shall remove the devices
    12  prior to leaving the sidewalk to cross the street or to walk
    13  temporarily on the streets and highways.
    14     (d)  Penalty.--A violation of this section is a summary
    15  offense punishable by a fine not exceeding $50 or a term of
    16  imprisonment of five days or both.
    17     Section 2.  This act shall take effect in 60 days.









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