PRINTER'S NO. 4266
No. 2828 Session of 2002
INTRODUCED BY MAYERNIK, READSHAW, KAISER, MARSICO, BISHOP,
CLYMER, DALEY, HENNESSEY, HERSHEY, KELLER, LAUGHLIN,
LEVDANSKY, WATSON AND SCAVELLO, SEPTEMBER 10, 2002
REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 10, 2002
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, restricting use of mobile phones.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 75 of the Pennsylvania Consolidated
6 Statutes is amended by adding a section to read:
7 § 3315. Restricting use of mobile phones.
8 (a) Drivers subject to restrictions.--No driver with a
9 learner's permit shall drive a motor vehicle on a highway in
10 this Commonwealth, which shall include Federal, State and
11 municipal highways, while using a mobile phone.
12 (b) Exception.--This section shall not apply to persons who
13 use a mobile phone for the sole purpose of reporting an accident
14 or emergency.
15 (c) Seizure.--The provisions of this section shall not be
16 construed as authorizing the seizure or forfeiture of a mobile
17 phone, unless otherwise provided by law.
1 (d) Penalty.--A person who violates subsection (a) commits a
2 summary offense and shall, upon conviction, be sentenced to pay
3 a fine of not less than $1 nor more than $300 or to a period of
4 community service to be determined by the sentencing authority.
5 (e) Secondary offense.--No person shall be convicted of a
6 violation of subsection (a) unless the person is also convicted
7 of another violation of this title which occurred at the same
8 time.
9 (f) Definitions.--As used in this section, the following
10 words and phrases shall have the meanings given to them in this
11 subsection:
12 "Mobile hands-free phone." A telecommunications device that
13 receives an analog signal or digital signal, or both, and is
14 designed for use without being held by a person's hand while
15 speaking into the device.
16 "Mobile phone." A telecommunications device that receives an
17 analog signal or digital signal, or both, and that is designed
18 for handheld use. The term includes a mobile hands-free phone.
19 Section 2. This act shall take effect in 60 days.
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