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                                                      PRINTER'S NO. 1410



No. 1097 Session of 2007

           COSTA AND STACK, SEPTEMBER 21, 2007


                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, prohibiting the use of mobile telephones and hand-
     3     held communication devices.

     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 the use of mobile telephones and hand-held
     9             communication devices.
    10     (a)  Prohibition.--Except as otherwise provided in this
    11  section, no person shall operate a motor vehicle upon a highway
    12  while using a mobile telephone or hand-held communication device
    13  to engage in a call or wireless communication while the vehicle
    14  is in motion.
    15     (b)  Presumption.--An operator of a motor vehicle who uses a
    16  mobile telephone or hand-held communication device while the
    17  vehicle is in motion is presumed to be engaging in a call or
    18  wireless communication within the meaning of this section. The

     1  presumption established by this subsection is rebuttable by
     2  evidence tending to show that the operator was not engaged in a
     3  call or wireless communication.
     4     (c)  Seizure.--The provisions of this section shall not be
     5  construed as authorizing the seizure or forfeiture of a mobile
     6  telephone or hand-held communication device, unless otherwise
     7  provided by law.
     8     (d)  Applicability.--This section shall not apply to:
     9         (1)  the use of a mobile telephone or hand-held
    10     communication device for the sole purpose of communicating
    11     with any of the following regarding an emergency situation:
    12     an emergency response operator; a hospital, physician's
    13     office or health clinic; an ambulance company or corps; a
    14     fire department, district or company; or a police department;
    15         (2)  any of the following persons while in the
    16     performance of their official duties: a police officer or
    17     peace officer; a member of a fire department, district or
    18     company; or
    19         (3)  the use of a hands-free mobile telephone.
    20     (e)  Penalty.--A violation of subsection (a) is a summary
    21  offense punishable by a fine of not more than $100.
    22     (f)  Definitions.--As used in this section, the following
    23  words and phrases shall have the meanings given to them in this
    24  subsection:
    25     "Engage in a call."  Talking into or listening on a hand-held
    26  mobile telephone or hand-held communication device, but shall
    27  not include holding a mobile telephone or hand-held
    28  communication device to activate, deactivate or initiate a
    29  function of the telephone or device.
    30     "Hand-held communication device."  An electronic device that
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     1  provides mobile telephone service or other wireless
     2  communication functions. The term includes a two-way radio
     3  device that provides radio communication between mobile and land
     4  stations or between mobile stations. The term does not include a
     5  voice-activated global positioning or navigation system that is
     6  permanently affixed to a motor vehicle.
     7     "Hands-free mobile telephone."  A mobile telephone that has
     8  an internal feature or function, or that is equipped with an
     9  attachment or addition, whether or not permanently part of the
    10  mobile telephone, by which a user engages in a call without the
    11  use of either hand whether or not the use of either hand is
    12  necessary to activate, deactivate or initiate a function of such
    13  telephone.
    14     "Immediate proximity."  That distance as permits the operator
    15  of a mobile telephone or hand-held communication device to hear
    16  telecommunications transmitted over the mobile telephone or
    17  hand-held communication device, but shall not require physical
    18  contact with the operator's ear.
    19     "Mobile telephone."  The device used by subscribers and other
    20  users of wireless telephone service to access service.
    21     "Text message."  Short messaging service or the process by
    22  which users send or receive messages on wireless handsets. For
    23  purposes of this definition, an e-mail shall be considered a
    24  text message.
    25     "Using."  Holding a mobile telephone or hand-held
    26  communication device to, or in the immediate proximity of, the
    27  operator's ear or performing a wireless communication function.
    28     "Wireless communication."  Includes a text message, e-mail,
    29  push e-mail, Internet fax and Web browsing.
    30     Section 2.  This act shall take effect in 60 days.
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