PRINTER'S NO. 4132
No. 2841 Session of 2000
INTRODUCED BY MAYERNIK, WILLIAMS, FRANKEL, SHANER, M. COHEN AND
YOUNGBLOOD, OCTOBER 17, 2000
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 17, 2000
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for schedule of convictions and
3 points; and restricting drivers from using cellular
4 telephones under certain circumstances.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1535(a) of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 1535. Schedule of convictions and points.
10 (a) General rule.--A point system for driver education and
11 control is hereby established which is related to other
12 provisions for use, suspension and revocation of the operating
13 privilege as specified under this title. Every driver licensed
14 in this Commonwealth who is convicted of any of the following
15 offenses shall be assessed points as of the date of violation in
16 accordance with the following schedule:
17 Section Number Offense Points
18 1512 Violation of restriction on
1 driver's license. 2
2 1571 Violation concerning license. 3
3 3102 Failure to obey policeman or
4 authorized person. 2
5 3112(a)(3)(i) or
6 (ii) Failure to stop for a red light. 3
7 3114(a)(1) Failure to stop for a flashing
8 red light. 3
9 3302 Failure to yield half of roadway
10 to oncoming vehicle. 3
11 3303 Improper passing. 3
12 3304 Other improper passing. 3
13 3305 Other improper passing. 3
14 3306(a)(1) Other improper passing. 4
15 3306(a)(2) Other improper passing. 3
16 3306(a)(3) Other improper passing. 3
17 3307 Other improper passing. 3
18 3310 Following too closely. 3
19 3315(a)(2) Violation of restriction
20 on use of cellular telephones. 3
21 3321 Failure to yield to driver on the
22 right at intersection. 3
23 3322 Failure to yield to oncoming
24 driver when making left turn. 3
25 3323(b) Failure to stop for stop sign. 3
26 3323(c) Failure to yield at yield sign. 3
27 3324 Failure to yield when entering or
28 crossing roadway between inter-
29 sections. 3
30 3332 Improper turning around. 3
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1 3341(a) Failure to obey signal indicating
2 approach of train. 2
3 3341(b) Failure to comply with crossing
4 gate or barrier. 4
5 (and 30 days' suspension)
6 3342(b) or (e) Failure to stop
7 at railroad crossings. 4
8 3344 Failure to stop when entering from
9 alley, driveway or building. 3
10 3345(a) Failure to stop for school bus
11 with flashing red lights. 5
12 (and 60 days' suspension)
13 3361 Driving too fast for conditions. 2
14 3362 Exceeding maximum speed.--Over Limit:
15 6-10 2
16 11-15 3
17 16-25 4
18 26-30 5
19 31-over 5
20 (and departmental hearing
21 and sanctions provided
22 under section 1538(d))
23 3365(b) Exceeding special speed limit
24 in school zone. 3
25 3365(c) Exceeding special speed limit
26 for trucks on downgrades. 3
27 3542(a) Failure to yield to pedestrian in
28 crosswalk. 2
29 3547 Failure to yield to pedestrian on
30 sidewalk. 3
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1 3549(a) Failure to yield to blind
2 pedestrian. 3
3 3702 Improper backing. 3
4 3714 Careless driving. 3
5 3745 Leaving scene of accident
6 involving property damage only. 4
7 * * *
8 Section 2. Title 75 is amended by adding a section to read:
9 § 3315. Restricting use of cellular telephones.
10 (a) Drivers subject to restriction.--
11 (1) No driver with a junior license or learner's permit
12 shall operate any motor vehicle on a highway of this
13 Commonwealth, which shall include Federal, State and
14 municipal highways, while using a cellular telephone, whether
15 handheld or otherwise.
16 (2) No driver with a commercial driver's license shall
17 operate any commercial motor vehicle on a highway of this
18 Commonwealth, which shall include Federal, State and
19 municipal highways, while using a cellular telephone, whether
20 handheld or otherwise.
21 (b) Exceptions.--This section shall not apply to:
22 (1) law enforcement officers and operators of emergency
23 vehicles when on duty and acting in their official
24 capacities; or
25 (2) persons who use a cellular telephone, whether
26 handheld or otherwise, for the sole purpose of reporting an
27 accident or emergency.
28 (c) Reporting system.--
29 (1) In preparing accident reports, law enforcement
30 officers shall state whether a cellular telephone, whether
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1 handheld or otherwise, was involved in the accident.
2 (2) Each law enforcement agency that investigates an
3 accident involving a violation of this section shall report
4 the information to the department in a manner prescribed by
5 the department.
6 (e) Penalty.--
7 (1) A person who violates subsection (a)(1) commits a
8 summary offense and shall, upon conviction, be sentenced
9 either to pay a fine of not less than $1 nor more than $100
10 or to a period of community service to be determined by the
11 sentencing authority.
12 (2) A person who violates subsection (a)(2) commits a
13 summary offense and shall, upon conviction, be sentenced to
14 pay a fine of $300.
15 (3) Conviction under this subsection shall not
16 constitute a moving violation unless the offense involves an
17 accident.
18 Section 3. This act shall take effect in 60 days.
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