PRINTER'S NO.  456

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

143

Session of

2009

  

  

INTRODUCED BY TOMLINSON, McILHINNEY, ERICKSON, STACK, WILLIAMS, RAFFERTY, MUSTO, O'PAKE, COSTA, WOZNIAK, BOSCOLA AND FERLO, MARCH 2, 2009

  

  

REFERRED TO TRANSPORTATION, MARCH 2, 2009  

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, providing for prohibiting the operation of motor

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vehicles while using electronic wireless communications

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devices.

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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.  Title 75 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

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§ 3316.  Prohibiting use of electronic wireless communications

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devices.

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(a)  Prohibition.--Except as otherwise provided in this

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section, no person shall operate a motor vehicle upon a public

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highway and use an electronic wireless communications device to

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send, read or write a text message while the vehicle is in

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motion. A person does not send, read or write a text message

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when the person reads, selects or enters a phone number or name

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in an electronic wireless communications device for the purpose

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of making a phone call. A conviction or detainment under this

 


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subsection by State or local law enforcement agencies shall

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occur only as a secondary action when a driver of a motor

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vehicle has been detained or convicted of any other provision of

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this title.

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(b)  Applicability.--This section shall not apply to a person

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operating:

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(1)  an emergency vehicle; or

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(2)  while in the performance of their official duties: a

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police officer or peace officer; or a member of a fire

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department, district or company.

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(c)  Penalty.--Any person who violates this section shall be

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guilty of a summary offense with a maximum fine of $100. A

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violation of subsection (a) shall not result in the accumulation

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of points under this title.

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(d)  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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"Electronic wireless communications device."  An electronic

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device that permits the user to send or receive electronic

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communications but excludes a voice-activated global positioning

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or navigation system affixed to the vehicle.

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"Text message."  A message consisting of words typed or

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entered on a keypad of the electronic wireless communication

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device and sent electronically.

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Section 2.  This act shall take effect in 60 days.

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