PRINTER'S NO. 2428

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1827 Session of 2007


        INTRODUCED BY SHAPIRO, BRENNAN, BLACKWELL, CALTAGIRONE, CLYMER,
           COHEN, DALEY, DeLUCA, FABRIZIO, FREEMAN, GALLOWAY, HARHAI,
           HARKINS, HENNESSEY, HORNAMAN, JOSEPHS, KENNEY, KORTZ, KULA,
           LEACH, MAHONEY, McILHATTAN, McILVAINE SMITH, MUNDY, MURT,
           NAILOR, PASHINSKI, PETRARCA, PETRONE, QUINN, RAMALEY,
           READSHAW, REED, SABATINA, SAMUELSON, SIPTROTH, K. SMITH,
           STABACK, TANGRETTI, TRUE, WATSON, WOJNAROSKI, YOUNGBLOOD AND
           ADOLPH, SEPTEMBER 11, 2007

        REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 11, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, prohibiting operators from using handheld mobile
     3     telephones.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 75 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 3316.  Prohibiting use of handheld mobile telephones.
     9     (a)  General rule.--Except as provided in subsection (b), no
    10  driver shall operate any moving vehicle on a highway of this
    11  Commonwealth, which shall include Federal, State and municipal
    12  highways, while using a handheld mobile telephone.
    13     (b)  Exception.--This section shall not apply to law
    14  enforcement officers and operators of emergency vehicles when on
    15  duty and acting in their official capacities.


     1     (c)  Defense.--It shall be a defense to a prosecution brought
     2  for a violation of this section that the driver had reason to
     3  fear for the driver's safety, was reporting a traffic accident
     4  or was making a "911" emergency call.
     5     (d)  Penalty.--A person who violates this section commits a
     6  summary offense and shall, upon conviction, be sentenced to pay
     7  a fine of $50.
     8     (e)  Definitions.--As used in this section, the following
     9  words and phrases shall have the meanings given to them in this
    10  subsection:
    11     "Handheld mobile telephone."  A mobile telephone other than a
    12  hands-free mobile telephone with which a user engages in a call
    13  using at least one hand.
    14     "Hands-free mobile telephone."  A mobile telephone that has
    15  an internal feature or function, or that is equipped with an
    16  attachment or addition, whether or not permanently part of such
    17  mobile telephone, by which a user engages in a call without the
    18  use of either hand, whether or not the use of either hand is
    19  necessary to activate, deactivate or initiate a function of such
    20  telephone.
    21     Section 2.  This act shall take effect in 60 days.






    A9L75DMS/20070H1827B2428         - 2 -
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