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        PRIOR PRINTER'S NO. 4076                      PRINTER'S NO. 4335

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2674 Session of 2008


        INTRODUCED BY MARKOSEK, GEIST, BEAR, BRENNAN, COSTA, DONATUCCI,
           GODSHALL, HARPER, KORTZ, MANN, MARSHALL, McCALL, McGEEHAN,
           MENSCH, R. MILLER, MOYER, MUSTIO, PASHINSKI, READSHAW,
           RUBLEY, SCAVELLO, SHAPIRO, SIPTROTH, K. SMITH, SWANGER,
           WATSON, WOJNAROSKI, YOUNGBLOOD, SAYLOR, KULA AND HORNAMAN,
           JUNE 26, 2008

        AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, SEPTEMBER 16, 2008

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, defining "interactive wireless communications
     3     device"; further providing for junior driver's license, for
     4     learners' permits and for suspension of operating privilege;
     5     prohibiting interactive wireless communications devices; and
     6     further providing for accident report forms, for department
     7     to compile, tabulate and analyze accident reports, for
     8     television equipment and for restraint systems.

     9     RESOLVED, THAT THE PART OF THIS ACT THAT LIMITS THE NUMBER OF  <--
    10  PASSENGERS A JUNIOR DRIVER MAY TRANSPORT IN A MOTOR VEHICLE AT
    11  ONE TIME MAY BE REFERRED TO AS LACEY'S LAW IN HONOR OF LACEY
    12  GALLAGHER.
    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 102 of Title 75 the Pennsylvania
    16  Consolidated Statutes is amended by adding a definition to read:
    17  § 102.  Definitions.
    18     Subject to additional definitions contained in subsequent


     1  provisions of this title which are applicable to specific
     2  provisions of this title, the following words and phrases when
     3  used in this title shall have, unless the context clearly
     4  indicates otherwise, the meanings given to them in this section:
     5     * * *
     6     "Interactive wireless communications device."  Any wireless
     7  electronic communications device that provides for voice or data
     8  communication between two or more parties, including, but not
     9  limited to, a mobile or cellular telephone, a text messaging
    10  device, a personal digital assistant that sends or receives
    11  messages or a laptop computer.
    12     * * *
    13     Section 2.  Sections 1503(c), 1505(e) and 1538(e) of Title 75
    14  are amended to read:
    15  § 1503.  Persons ineligible for licensing; license issuance to
    16             minors; junior driver's license.
    17     * * *
    18     (c)  Junior driver's license.--The department may issue a
    19  junior driver's license to a person 16 or 17 years of age under
    20  rules and regulations adopted by the department and subject to
    21  the provisions of this section. A junior driver's license shall
    22  automatically become a regular driver's license when the junior
    23  driver attains 18 years of age.
    24         (1)  Except as provided in paragraph (2), no licensed
    25     junior driver shall drive a vehicle upon a public highway
    26     between 11 p.m. and 5 a.m. unless accompanied by a spouse 18
    27     years of age or older, a parent or a person in loco parentis.
    28         (2)  A licensed junior driver conforming to the
    29     requirements of section 1507 (relating to application for
    30     driver's license or learner's permit by minor) may drive a
    20080H2674B4335                  - 2 -     

     1     vehicle upon a public highway between 11 p.m. and 5 a.m.
     2     between the junior driver's home and activity or employment
     3     or in the course of the junior driver's activity or
     4     employment if the junior driver is a member of a volunteer
     5     fire company authorized by the fire chief to engage in
     6     fighting fires, is engaged in public or charitable service or
     7     is employed and is carrying an affidavit or certificate of
     8     authorization signed by the junior driver's fire chief,
     9     supervisor or employer indicating the probable schedule of
    10     the junior driver's activities. Upon termination of the
    11     junior driver's activity or employment, the junior driver
    12     shall surrender the affidavit or certificate to the fire
    13     chief, supervisor or employer. If the junior driver shall
    14     fail to surrender the affidavit or certificate, the employer,
    15     fire chief or supervisor shall immediately notify the
    16     Pennsylvania State Police.
    17         (2.1)  Except as set forth in paragraph (2.2), a junior
    18     driver may not drive a vehicle with more than one passenger
    19     under 18 years of age.
    20         (2.2)  With parental or in loco parentis approval, a
    21     junior driver may drive a vehicle with passengers who are
    22     siblings or relatives who live in the same dwelling as the
    23     junior driver.
    24         (3)  In addition to the other provisions of this title
    25     relating to the suspension or revocation of operating
    26     privileges, in the event that a licensed junior driver is
    27     involved in an accident reportable under section 3746(a) for
    28     which the junior driver is partially or fully responsible in
    29     the opinion of the department or is convicted of any
    30     violation of this title, the department may suspend the
    20080H2674B4335                  - 3 -     

     1     operating privileges of the junior driver until the junior
     2     driver attains 18 years of age or for a period of time not
     3     exceeding 90 days.
     4         (4)  Any junior driver or other person violating any
     5     provision of this subsection is guilty of a summary offense.
     6  § 1505.  Learners' permits.
     7     * * *
     8     (e)  Authorization to test for driver's license and junior
     9  driver's license.--A person with a learner's permit is
    10  authorized to take the examination for a regular or junior
    11  driver's license for the class of vehicle for which a permit is
    12  held. Before a person under the age of 18 years may take the
    13  examination for a junior driver's license, the minor must:
    14         (1)  Have held a learner's permit for that class of
    15     vehicle for a period of six months.
    16         (2)  Present to the department a certification form
    17     signed by the father, mother, guardian, person in loco
    18     parentis or spouse of a married minor stating that the minor
    19     applicant has completed [50] 65 hours of practical driving
    20     experience, including no less than ten hours of nighttime
    21     driving and five hours of inclement weather driving,
    22     accompanied as required under subsection (b). Submission of a
    23     certification shall not subject the parent, guardian, person
    24     in loco parentis or spouse of a married minor to any
    25     liability based upon the certification.
    26         (3)  Have the certification form completed when the minor
    27     is ready for the licensing examination. The certification
    28     form shall be developed by the department and will be
    29     provided by the department when the original application for
    30     a learner's permit is processed. The department will make
    20080H2674B4335                  - 4 -     

     1     this form readily available through the mail or electronic
     2     means.
     3     * * *
     4  § 1538.  School, examination or hearing on accumulation of
     5             points or excessive speeding.
     6     * * *
     7     (e)  Additional suspension of operating privilege.--
     8         (1)  In addition to any other provisions of law relating
     9     to the suspension or revocation of operating privileges, a
    10     person's operating privileges shall be suspended under any of
    11     the following circumstances:
    12             (i)  Prior to reaching age 18, the person violates
    13         section 3362 (relating to maximum speed limits) by
    14         traveling 26 miles per hour or more over the posted speed
    15         limit and the violation results in a conviction, guilty
    16         plea or plea of no contest before or after the person
    17         reaches age 18.
    18             (ii)  The person accumulates six or more points under
    19         the provisions of section 1535 (relating to schedule of
    20         convictions and points) and the violations resulting in
    21         points accumulation were committed before the person
    22         reached age 18.
    23         (2)  The first suspension under paragraph (1) shall be
    24     for a period of 90 days with every subsequent suspension
    25     under paragraph (1) to be for a period of 120 days.
    26     Suspensions under paragraph (1) shall be imposed
    27     consecutively to each other and to any other suspension. A
    28     suspension under paragraph (1) shall be considered a
    29     subsequent suspension even if it is imposed contemporaneously
    30     with a first suspension imposed under paragraph (1). A
    20080H2674B4335                  - 5 -     

     1     suspension under this paragraph shall be in lieu of a
     2     suspension under subsection (d)(1).
     3     Section 3.  Title 75 is amended by adding a section to read:
     4  § 3316.  Prohibiting interactive wireless communications
     5             devices.
     6     (a)  Drivers subject to restriction.--No driver with a
     7  learners' permit or junior driver's license shall drive a motor
     8  vehicle on a highway or trafficway in this Commonwealth while
     9  using an interactive wireless communications device.
    10     (b)  Exceptions.--This section shall not apply to persons who
    11  use an interactive wireless communications device to contact a
    12  511 service or 911 system for the purpose of reporting an
    13  accident or an emergency or obtaining directions.
    14     (c)  Seizure.--The provisions of this section shall not be
    15  construed as authorizing the seizure or forfeiture of an
    16  interactive wireless communications device, unless otherwise
    17  provided by law.
    18     (d)  Penalty.--A person who violates subsection (a) commits a
    19  summary offense and shall, upon conviction, be sentenced to pay
    20  a fine of $100.
    21     (e)  Definitions.--As used in this section, the following
    22  words and phrases shall have the meanings given to them in this
    23  subsection:
    24     "511" or "511 service."  Three-digit telecommunications
    25  dialing to access an intelligent transportation system traveler
    26  information service provided in this Commonwealth in accordance
    27  with the Federal Communications Commission and the United States
    28  Department of Transportation.
    29     "911."  The number used by a public agency located in whole
    30  or in part within this Commonwealth authorized by law to provide
    20080H2674B4335                  - 6 -     

     1  emergency telephone service to access firefighting, law
     2  enforcement, ambulance, emergency medical or other emergency
     3  services.
     4     Section 4.  Section 3752(a) of Title 75 is amended to read:
     5  § 3752.  Accident report forms.
     6     (a)  Form and content.--The department shall prepare and upon
     7  request supply to all law enforcement agencies and other
     8  appropriate agencies or individuals, forms for written accident
     9  reports as required in this subchapter suitable with respect to
    10  the persons required to make the reports and the purposes to be
    11  served. The written report forms shall call for sufficiently
    12  detailed information to disclose with reference to a vehicle
    13  accident the cause, conditions then existing and the persons and
    14  vehicles involved[.], including whether the driver of the
    15  vehicle was using an interactive wireless communications device
    16  when the accident occurred, and such other information as the
    17  department may require. Reports for use by the drivers and
    18  owners shall also provide for information relating to financial
    19  responsibility.
    20     * * *
    21     Section 5.  Section 3753 of Title 75 is amended by adding a
    22  subsection to read:
    23  § 3753.  Department to compile, tabulate and analyze accident
    24             reports.
    25     * * *
    26     (b.1)  Report on interactive wireless communications
    27  devices.--The department shall annually compile and make
    28  available to the public information submitted on an accident
    29  report concerning interactive wireless communications devices in
    30  motor vehicles involved in traffic accidents. The report shall
    20080H2674B4335                  - 7 -     

     1  note whether the driver of the motor vehicle was using an
     2  interactive wireless communications device when the accident
     3  occurred. The data shall be included in a report submitted to
     4  the Transportation Committee of the Senate and the
     5  Transportation Committee of the House of Representatives.
     6     * * *
     7     Section 6.  Sections 4527(a) 4527 and 4581(a) and (b) of       <--
     8  Title 75 are amended to read:
     9  § 4527.  Television equipment.
    10     (a)  General rule.--No motor vehicle operated on a highway
    11  shall be equipped with [television-type receiving] video
    12  receiving equipment, including a receiver, a video monitor or a
    13  television or video screen capable of displaying a television
    14  broadcast or video signal that produces entertainment or
    15  business applications or similar equipment forward of the back
    16  of the driver's seat or otherwise visible to the driver.
    17     * * *                                                          <--
    18     (B)  EXCEPTION.--THIS SECTION SHALL NOT APPLY TO THE           <--
    19  FOLLOWING:
    20         (1)  TELEVISION-TYPE RECEIVING EQUIPMENT IN A VEHICLE
    21     USED EXCLUSIVELY FOR SAFETY OR LAW ENFORCEMENT PURPOSES AS
    22     APPROVED BY THE PENNSYLVANIA STATE POLICE.
    23         (2)  ELECTRONIC DISPLAYS USED IN CONJUNCTION WITH IN-
    24     VEHICLE NAVIGATION SYSTEMS[.], RELATED TRAFFIC, ROAD AND
    25     WEATHER INFORMATION.
    26         (3)  ELECTRONIC DISPLAYS THAT ARE PROVIDING VEHICLE
    27     INFORMATION RELATED TO THE DRIVING TASK OR TO ENHANCE OR
    28     SUPPLEMENT THE DRIVER'S VIEW FORWARD, BEHIND OR TO THE SIDES
    29     OF THE MOTOR VEHICLE OR PERMIT THE DRIVER TO MONITOR VEHICLE
    30     OCCUPANTS BEHIND THE DRIVER.
    20080H2674B4335                  - 8 -     

     1  § 4581.  Restraint systems.
     2     (a)  Occupant protection.--
     3         (1)  Any person who is operating a passenger car, Class I
     4     truck, Class II truck, classic motor vehicle, antique motor
     5     vehicle or motor home and who transports a child under four
     6     years of age anywhere in the motor vehicle, including the
     7     cargo area, shall fasten such child securely in a child
     8     passenger restraint system, as defined in subsection (d).
     9     This subsection shall apply to all persons while they are
    10     operators of motor vehicles where a seating position is
    11     available which is equipped with a seat safety belt or other
    12     means to secure the systems or where the seating position was
    13     originally equipped with seat safety belts.
    14         (1.1)  Any person who is operating a passenger car, Class
    15     I truck, Class II truck, classic motor vehicle, antique motor
    16     vehicle or motor home and who transports a child four years
    17     of age or older but under eight years of age anywhere in the
    18     motor vehicle, including the cargo area, shall fasten such
    19     child securely in a fastened safety seat belt system and in
    20     an appropriately fitting child booster seat, as defined in
    21     subsection (d). This paragraph shall apply to all persons
    22     while they are operators of motor vehicles where a seating
    23     position is available which is equipped with a seat safety
    24     belt or other means to secure the systems or where the
    25     seating position was originally equipped with seat safety
    26     belts. [A conviction under this paragraph by State or local
    27     law enforcement agencies shall occur only as a secondary
    28     action when a driver of a motor vehicle has been convicted of
    29     violating any other provision of this title.]
    30         (2)  [Except for children under eight years of age and
    20080H2674B4335                  - 9 -     

     1     except as provided in paragraphs (1) and (1.1), each]
     2             (i)  The driver [and front seat occupant] of a
     3         passenger car, Class I truck, Class II truck or motor
     4         home operated in this Commonwealth shall [wear] secure or
     5         cause to be secured in a properly adjusted and fastened
     6         safety seat belt system the driver and every vehicle
     7         occupant between eight years of age and 18 years of age.
     8         [A conviction under this paragraph by State or local law
     9         enforcement agencies shall occur only as a secondary
    10         action when a driver of a motor vehicle has been
    11         convicted of any other provision of this title. The
    12         driver of a passenger automobile shall secure or cause to
    13         be secured in a properly adjusted and fastened safety
    14         seat belt system any occupant who is eight years of age
    15         or older and less than 18 years of age.]
    16             (ii)  Except for children under 18 years of age and
    17         except as provided in paragraphs (1) and (1.1) and
    18         subparagraph (i), each driver and front seat occupant of
    19         a passenger car, Class I truck, Class II truck, classic
    20         motor vehicle, antique motor vehicle or motor home
    21         operated in this Commonwealth shall wear a properly
    22         adjusted and fastened safety seat belt system.
    23             (iii)  This paragraph shall not apply to:
    24                 [(i)] (A)  A driver or front seat occupant of any
    25             vehicle manufactured before July 1, 1966.
    26                 [(ii)] (B)  A driver or front seat occupant who
    27             possesses a written verification from a physician
    28             that he is unable to wear a safety seat belt system
    29             for physical or medical reasons, or from a
    30             psychiatrist or other specialist qualified to make an
    20080H2674B4335                 - 10 -     

     1             informed judgment that he is unable to wear a safety
     2             seat belt system for psychological reasons.
     3                 [(iii)] (C)  A rural letter carrier while
     4             operating any motor vehicle during the performance of
     5             his duties as a United States postal service rural
     6             letter carrier only between the first and last
     7             delivery points.
     8                 [(iv)] (D)  A driver who makes frequent stops and
     9             is traveling less than 15 miles per hour for the
    10             purpose of delivering goods or services while in the
    11             performance of his duties and only between the first
    12             and last delivery points.
    13     A violation of this paragraph shall not be subject to the
    14     assessment of any points under section 1535 (relating to
    15     schedule of convictions and points).
    16         (3)  A driver who is under 18 years of age may not
    17     operate a motor vehicle in which the number of passengers
    18     exceeds the number of available safety seat belts in the
    19     vehicle.
    20     (b)  Offense.--Anyone who fails to comply with the provisions
    21  of subsection (a)(1) or (1.1) shall be guilty of a summary
    22  offense with a maximum fine of $100. The court imposing and
    23  collecting any such fines shall transfer the fines thus
    24  collected to the State Treasurer for deposit in the Child
    25  Passenger Restraint Fund, pursuant to section 4582 (relating to
    26  Child Passenger Restraint Fund). Anyone who violates subsection
    27  (a)(2) or (3) commits a summary offense and shall, upon
    28  conviction, be sentenced to pay a fine of $10. No person shall
    29  be convicted of a violation of subsection [(a)(2)] (a)(2) or (3)
    30  unless the person is also convicted of another violation of this
    20080H2674B4335                 - 11 -     

     1  title which occurred at the same time. No costs as described in
     2  42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for
     3  summary conviction of subsection (a)(2) or (3). Conviction under
     4  this subsection shall not constitute a moving violation.
     5     * * *
     6     Section 7.  This act shall take effect in 60 days.
















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