CORRECTIVE REPRINT

 

PRIOR PRINTER'S NO. 49

PRINTER'S NO.  67

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

67

Session of

2009

  

  

INTRODUCED BY MARKOSEK, GEIST, BELFANTI, BOYD, BRENNAN, DALEY, J. EVANS, HARPER, HESS, HICKERNELL, KORTZ, McCALL, MOUL, REICHLEY, SCAVELLO, SIPTROTH, K. SMITH, VULAKOVICH, WALKO AND WATSON, JANUARY 26, 2009

  

  

REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 26, 2009   

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, defining "interactive wireless communications

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device"; further providing for junior driver's license, for

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learners' permits and for suspension of operating privilege;

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prohibiting interactive wireless communications devices; and

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further providing for accident report forms, for department

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to compile, tabulate and analyze accident reports, for

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television equipment and for restraint systems.

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The General Assembly of the Commonwealth of Pennsylvania

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declares that the part of this act that limits the number of

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passengers a junior driver may transport in a motor vehicle at

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one time may be referred to as Lacey's Law in honor of Lacey

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Gallagher.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 102 of Title 75 of the Pennsylvania

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Consolidated Statutes is amended by adding a definition to read:

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§ 102.  Definitions.

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Subject to additional definitions contained in subsequent

 


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provisions of this title which are applicable to specific

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provisions of this title, the following words and phrases when

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used in this title shall have, unless the context clearly

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indicates otherwise, the meanings given to them in this section:

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* * *

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"Interactive wireless communications device."  Any wireless

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electronic communications device that provides for voice or data

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communication between two or more parties, including, but not

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limited to, a mobile or cellular telephone, a text messaging

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device, a personal digital assistant that sends or receives

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messages or a laptop computer.

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* * *

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Section 2.  Sections 1503(c), 1505(e) and 1538(e) of Title 75

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are amended to read:

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§ 1503.  Persons ineligible for licensing; license issuance to

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minors; junior driver's license.

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* * *

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(c)  Junior driver's license.--The department may issue a

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junior driver's license to a person 16 or 17 years of age under

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rules and regulations adopted by the department and subject to

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the provisions of this section. A junior driver's license shall

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automatically become a regular driver's license when the junior

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driver attains 18 years of age.

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(1)  Except as provided in paragraph (2), no licensed

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junior driver shall drive a vehicle upon a public highway

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between 11 p.m. and 5 a.m. unless accompanied by a spouse 18

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years of age or older, a parent or a person in loco parentis.

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(2)  A licensed junior driver conforming to the

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requirements of section 1507 (relating to application for

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driver's license or learner's permit by minor) may drive a

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vehicle upon a public highway between 11 p.m. and 5 a.m.

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between the junior driver's home and activity or employment

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or in the course of the junior driver's activity or

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employment if the junior driver is a member of a volunteer

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fire company authorized by the fire chief to engage in

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fighting fires, is engaged in public or charitable service or

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is employed and is carrying an affidavit or certificate of

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authorization signed by the junior driver's fire chief,

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supervisor or employer indicating the probable schedule of

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the junior driver's activities. Upon termination of the

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junior driver's activity or employment, the junior driver

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shall surrender the affidavit or certificate to the fire

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chief, supervisor or employer. If the junior driver shall

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fail to surrender the affidavit or certificate, the employer,

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fire chief or supervisor shall immediately notify the

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Pennsylvania State Police.

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(2.1)  Except as set forth in paragraph (2.2), a junior

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driver may not drive a vehicle with more than one passenger

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under 18 years of age.

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(2.2)  With parental or in loco parentis approval, a

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junior driver may drive a vehicle with passengers who are

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siblings or relatives who live in the same dwelling as the

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junior driver.

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(3)  In addition to the other provisions of this title

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relating to the suspension or revocation of operating

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privileges, in the event that a licensed junior driver is

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involved in an accident reportable under section 3746(a) for

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which the junior driver is partially or fully responsible in

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the opinion of the department or is convicted of any

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violation of this title, the department may suspend the

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operating privileges of the junior driver until the junior

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driver attains 18 years of age or for a period of time not

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exceeding 90 days.

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(4)  Any junior driver or other person violating any

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provision of this subsection is guilty of a summary offense.

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§ 1505.  Learners' permits.

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* * *

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(e)  Authorization to test for driver's license and junior

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driver's license.--A person with a learner's permit is

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authorized to take the examination for a regular or junior

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driver's license for the class of vehicle for which a permit is

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held. Before a person under the age of 18 years may take the

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examination for a junior driver's license, the minor must:

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(1)  Have held a learner's permit for that class of

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vehicle for a period of six months.

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(2)  Present to the department a certification form

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signed by the father, mother, guardian, person in loco

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parentis or spouse of a married minor stating that the minor

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applicant has completed [50] 65 hours of practical driving

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experience, including no less than ten hours of nighttime

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driving and five hours of inclement weather driving, 

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accompanied as required under subsection (b). Submission of a

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certification shall not subject the parent, guardian, person

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in loco parentis or spouse of a married minor to any

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liability based upon the certification.

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(3)  Have the certification form completed when the minor

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is ready for the licensing examination. The certification

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form shall be developed by the department and will be

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provided by the department when the original application for

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a learner's permit is processed. The department will make

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this form readily available through the mail or electronic

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means.

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* * *

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§ 1538.  School, examination or hearing on accumulation of

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points or excessive speeding.

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* * *

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(e)  Additional suspension of operating privilege.--

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(1)  In addition to any other provisions of law relating

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to the suspension or revocation of operating privileges, a

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person's operating privileges shall be suspended under any of

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the following circumstances:

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(i)  Prior to reaching age 18, the person violates

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section 3362 (relating to maximum speed limits) by

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traveling 26 miles per hour or more over the posted speed

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limit and the violation results in a conviction, guilty

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plea or plea of no contest before or after the person

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reaches age 18.

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(ii)  The person accumulates six or more points under

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the provisions of section 1535 (relating to schedule of

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convictions and points) and the violations resulting in

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points accumulation were committed before the person

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reached age 18.

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(2)  The first suspension under paragraph (1) shall be

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for a period of 90 days with every subsequent suspension

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under paragraph (1) to be for a period of 120 days.

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Suspensions under paragraph (1) shall be imposed

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consecutively to each other and to any other suspension. A

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suspension under paragraph (1) shall be considered a

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subsequent suspension even if it is imposed contemporaneously

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with a first suspension imposed under paragraph (1). A

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suspension under this paragraph shall be in lieu of a

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suspension under subsection (d)(1).

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Section 3.  Title 75 is amended by adding a section to read:

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§ 3316.  Prohibiting interactive wireless communications

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devices.

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(a)  Drivers subject to restriction.--No driver with a

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learners' permit or junior driver's license shall drive a motor

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vehicle on a highway or trafficway in this Commonwealth while

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using an interactive wireless communications device.

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(b)  Exceptions.--This section shall not apply to persons who

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use an interactive wireless communications device to contact a

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511 service or 911 system for the purpose of reporting an

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accident or an emergency or obtaining directions.

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(c)  Seizure.--The provisions of this section shall not be

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construed as authorizing the seizure or forfeiture of an

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interactive wireless communications device, unless otherwise

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provided by law.

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(d)  Penalty.--A person who violates subsection (a) commits a

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summary offense and shall, upon conviction, be sentenced to pay

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a fine of $100.

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(e)  Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

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subsection:

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"511" or "511 service."  Three-digit telecommunications

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dialing to access an intelligent transportation system traveler

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information service provided in this Commonwealth in accordance

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with the Federal Communications Commission and the United States

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Department of Transportation.

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"911."  The number used by a public agency located in whole

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or in part within this Commonwealth authorized by law to provide

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emergency telephone service to access firefighting, law

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enforcement, ambulance, emergency medical or other emergency

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services.

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Section 4.  Section 3752(a) of Title 75 is amended to read:

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§ 3752.  Accident report forms.

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(a)  Form and content.--The department shall prepare and upon

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request supply to all law enforcement agencies and other

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appropriate agencies or individuals, forms for written accident

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reports as required in this subchapter suitable with respect to

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the persons required to make the reports and the purposes to be

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served. The written report forms shall call for sufficiently

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detailed information to disclose with reference to a vehicle

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accident the cause, conditions then existing and the persons and

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vehicles involved[.], including whether the driver of the

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vehicle was using an interactive wireless communications device

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when the accident occurred, and such other information as the

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department may require. Reports for use by the drivers and

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owners shall also provide for information relating to financial

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responsibility.

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* * *

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Section 5.  Section 3753 of Title 75 is amended by adding a

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subsection to read:

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§ 3753.  Department to compile, tabulate and analyze accident

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reports.

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* * *

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(b.1)  Report on interactive wireless communications

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devices.--The department shall annually compile and make

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available to the public information submitted on an accident

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report concerning interactive wireless communications devices in

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motor vehicles involved in traffic accidents. The report shall

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note whether the driver of the motor vehicle was using an

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interactive wireless communications device when the accident

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occurred. The data shall be included in a report submitted to

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the Transportation Committee of the Senate and the

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Transportation Committee of the House of Representatives.

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* * *

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Section 6.  Sections 4527 and 4581(a) and (b) of Title 75 are

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amended to read:

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§ 4527.  [Television] Video receiving equipment.

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(a)  General rule.--[No] Except as provided in subsection

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(c), no person shall drive a motor vehicle [operated on a

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highway shall be] equipped with [television-type] any image

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display device, video receiving equipment, including a receiver,

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a video monitor or a television or video screen capable of

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displaying a television broadcast or video signal that produces

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entertainment or business applications or similar equipment

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which is located in the motor vehicle at any point forward of

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the back of the driver's seat [or otherwise], or which is 

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visible, directly or indirectly, to the driver while operating

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the motor vehicle.

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(a.1)  Except as provided in subsection (b), no person may

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install in a motor vehicle an image display device intended to

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be visible to a driver in the normal driving position when the

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vehicle is in motion and when restrained by the safety seat belt

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system adjusted in accordance with the manufacturer's

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recommendations.

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(b)  Exception.--This section shall not apply to the

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following:

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(1)  [Television-type receiving equipment] Image display

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devices in a vehicle used exclusively for safety or law

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enforcement purposes as approved by the Pennsylvania State

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Police.

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(2)  [Electronic displays] Image display devices used in

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conjunction with in-vehicle navigation systems, related

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traffic, road and weather information.

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(3)  Image display devices that provide vehicle

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information related to the driving task or to enhance or

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supplement the driver's view forward, behind or to the sides

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of the motor vehicle or permit the driver to monitor vehicle

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occupants behind the driver.

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(4)  Image display devices that do not display images to

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the driver while the vehicle is in motion.

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(5)  Image display devices which display an image while a

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vehicle is parked.

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(c)  Definitions.--As used in this section, the term "image

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display device" means equipment capable of displaying to the

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driver of the motor vehicle:

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(1)  a broadcast television image; or

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(2)  a visual image, other than text, from a digital

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video disc or other storage device.

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§ 4581.  Restraint systems.

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(a)  Occupant protection.--

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(1)  Any person who is operating a passenger car, Class I

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truck, Class II truck, classic motor vehicle, antique motor

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vehicle or motor home and who transports a child under four

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years of age anywhere in the motor vehicle, including the

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cargo area, shall fasten such child securely in a child

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passenger restraint system, as defined in subsection (d).

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This subsection shall apply to all persons while they are

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operators of motor vehicles where a seating position is

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available which is equipped with a seat safety belt or other

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means to secure the systems or where the seating position was

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originally equipped with seat safety belts.

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(1.1)  Any person who is operating a passenger car, Class

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I truck, Class II truck, classic motor vehicle, antique motor

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vehicle or motor home and who transports a child four years

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of age or older but under eight years of age anywhere in the

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motor vehicle, including the cargo area, shall fasten such

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child securely in a fastened safety seat belt system and in

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an appropriately fitting child booster seat, as defined in

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subsection (d). This paragraph shall apply to all persons

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while they are operators of motor vehicles where a seating

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position is available which is equipped with a seat safety

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belt or other means to secure the systems or where the

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seating position was originally equipped with seat safety

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belts. [A conviction under this paragraph by State or local

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law enforcement agencies shall occur only as a secondary

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action when a driver of a motor vehicle has been convicted of

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violating any other provision of this title.]

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(2)  [Except for children under eight years of age and

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except as provided in paragraphs (1) and (1.1), each]

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(i)  The driver [and front seat occupant] of a

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passenger car, Class I truck, Class II truck or motor

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home operated in this Commonwealth shall [wear] secure or

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cause to be secured in a properly adjusted and fastened

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safety seat belt system the driver and every vehicle

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occupant between eight years of age and 18 years of age.

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[A conviction under this paragraph by State or local law

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enforcement agencies shall occur only as a secondary

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action when a driver of a motor vehicle has been

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convicted of any other provision of this title. The

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driver of a passenger automobile shall secure or cause to

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be secured in a properly adjusted and fastened safety

4

seat belt system any occupant who is eight years of age

5

or older and less than 18 years of age.]

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(ii)  Except for children under 18 years of age and

7

except as provided in paragraphs (1) and (1.1) and

8

subparagraph (i), each driver and front seat occupant of

9

a passenger car, Class I truck, Class II truck, classic

10

motor vehicle, antique motor vehicle or motor home

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operated in this Commonwealth shall wear a properly

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adjusted and fastened safety seat belt system.

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(iii)  This paragraph shall not apply to:

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[(i)] (A)  A driver or front seat occupant of any

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vehicle manufactured before July 1, 1966.

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[(ii)] (B)  A driver or front seat occupant who

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possesses a written verification from a physician

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that he is unable to wear a safety seat belt system

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for physical or medical reasons, or from a

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psychiatrist or other specialist qualified to make an

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informed judgment that he is unable to wear a safety

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seat belt system for psychological reasons.

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[(iii)] (C)  A rural letter carrier while

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operating any motor vehicle during the performance of

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his duties as a United States postal service rural

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letter carrier only between the first and last

27

delivery points.

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[(iv)] (D)  A driver who makes frequent stops and

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is traveling less than 15 miles per hour for the

30

purpose of delivering goods or services while in the

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1

performance of his duties and only between the first

2

and last delivery points.

3

A violation of this paragraph shall not be subject to the

4

assessment of any points under section 1535 (relating to

5

schedule of convictions and points).

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(3)  A driver who is under 18 years of age may not

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operate a motor vehicle in which the number of passengers

8

exceeds the number of available safety seat belts in the

9

vehicle.

10

(b)  Offense.--Anyone who fails to comply with the provisions

11

of subsection (a)(1) or (1.1) shall be guilty of a summary

12

offense with a maximum fine of $100. The court imposing and

13

collecting any such fines shall transfer the fines thus

14

collected to the State Treasurer for deposit in the Child

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Passenger Restraint Fund, pursuant to section 4582 (relating to

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Child Passenger Restraint Fund). Anyone who violates subsection

17

(a)(2) or (3) commits a summary offense and shall, upon

18

conviction, be sentenced to pay a fine of $10. No person shall

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be convicted of a violation of subsection [(a)(2)] (a)(2) or (3) 

20

unless the person is also convicted of another violation of this

21

title which occurred at the same time. No costs as described in

22

42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for

23

summary conviction of subsection (a)(2) or (3). Conviction under

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this subsection shall not constitute a moving violation.

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* * *

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Section 7.  This act shall take effect in 60 days.

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