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| PRIOR PRINTER'S NOS. 11, 1706 | PRINTER'S NO. 1881 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WATSON, BENNINGHOFF, GEIST, DePASQUALE, BARRAR, BEAR, BOBACK, BOYD, B. BOYLE, K. BOYLE, BRADFORD, BRENNAN, BRIGGS, CALTAGIRONE, CARROLL, CHRISTIANA, CLYMER, CONKLIN, D. COSTA, CREIGHTON, DeLUCA, J. EVANS, FABRIZIO, FARRY, FLECK, FRANKEL, FREEMAN, GOODMAN, GRELL, GROVE, HAHN, HALUSKA, HARPER, HENNESSEY, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, KILLION, KNOWLES, KORTZ, MANN, MARSHALL, MARSICO, MICOZZIE, MILLARD, MILLER, MUNDY, MURT, O'NEILL, PETRI, PICKETT, PYLE, READSHAW, REICHLEY, SANTARSIERO, SCAVELLO, SCHRODER, K. SMITH, STERN, SWANGER, TOEPEL, VULAKOVICH, WAGNER, YOUNGBLOOD, SAMUELSON, ADOLPH, DENLINGER, QUINN, M. K. KELLER, TRUITT AND MILNE, JANUARY 19, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 11, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for schedule of convictions and |
3 | points; and prohibiting the operation of motor vehicles while |
4 | using interactive wireless communication devices. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 1535(a) of Title 75 of the Pennsylvania |
8 | Consolidated Statutes is amended to read: |
9 | § 1535. Schedule of convictions and points. |
10 | (a) General rule.--A point system for driver education and |
11 | control is hereby established which is related to other |
12 | provisions for use, suspension and revocation of the operating |
13 | privilege as specified under this title. Every driver licensed |
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1 | in this Commonwealth who is convicted of any of the following |
2 | offenses shall be assessed points as of the date of violation in |
3 | accordance with the following schedule: |
4 | Section Number | Offense | Points | 5 6 | 1512 | Violation of restriction on driver's license. | 2 | 7 | 1571 | Violation concerning license. | 3 | 8 9 | 3102 | Failure to obey policeman or authorized person. | 2 | 10 11 | 3112(a)(3)(i) or (ii) | Failure to stop for a red light. | 3 | 12 13 | 3114(a)(1) | Failure to stop for a flashing red light. | 3 | 14 15 | 3302 | Failure to yield half of roadway to oncoming vehicle. | 3 | 16 | 3303 | Improper passing. | 3 | 17 | 3304 | Other improper passing. | 3 | 18 | 3305 | Other improper passing. | 3 | 19 | 3306(a)(1) | Other improper passing. | 4 | 20 | 3306(a)(2) | Other improper passing. | 3 | 21 | 3306(a)(3) | Other improper passing. | 3 | 22 | 3307 | Other improper passing. | 3 | 23 | 3310 | Following too closely. | 3 | 24 25 | 3316 | Use of interactive wireless communication device. | 1 | 26 27 | 3321 | Failure to yield to driver on the right at intersection. | 3 | 28 29 | 3322 | Failure to yield to oncoming driver when making left turn. | 3 | 30 | 3323(b) | Failure to stop for stop sign. | 3 | | 1 2 | 3323(c) | Failure to yield at yield sign. | 3 | 3 4 5 | 3324 | Failure to yield when entering or crossing roadway between inter-sections. | 3 | 6 | 3332 | Improper turning around. | 3 | 7 8 | 3341(a) | Failure to obey signal indicating approach of train. | 2 | 9 10 | 3341(b) | Failure to comply with crossing gate or barrier. | 4 | 11 | | (and 30 days' suspension) | | 12 13 | 3342(b) or (e) | Failure to stop at railroad crossings. | 4 | 14 15 16 | 3344 | Failure to stop when entering from alley, driveway or building. | 3 | 17 18 | 3345(a) | Failure to stop for school bus with flashing red lights. | 5 | 19 | | (and 60 days' suspension) | | 20 21 | 3361 | Driving too fast for conditions. | 2 | 22 23 | 3362 | Exceeding maximum speed.--Over Limit: | | 24 | | 6-10 2 | | 25 | | 11-15 3 | | 26 | | 16-25 4 | | 27 | | 26-30 5 | | 28 | | 31-over 5 | | 29 30 | | (and departmental hearing and sanctions provided | | | 1 | | under section 1538(d)) | | 2 3 | 3365(b) | Exceeding special speed limit in school zone. | 3 | 4 5 6 | | (and 60 days' suspension for a second or subsequent offense) | | 7 8 | 3365(c) | Exceeding special speed limit for trucks on downgrades. | 3 | 9 10 | 3542(a) | Failure to yield to pedestrian in crosswalk. | 2 | 11 12 | 3547 | Failure to yield to pedestrian on sidewalk. | 3 | 13 14 | 3549(a) | Failure to yield to blind pedestrian. | 3 | 15 | 3702 | Improper backing. | 3 | 16 | 3714(a) | Careless driving. | 3 | 17 18 19 | 3745 | Leaving scene of accident involving property damage only. | 4 |
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20 | * * * |
21 | Section 2. Title 75 is amended by adding a section to read: |
22 | § 3316. Prohibiting use of interactive wireless communication |
23 | devices. |
24 | (a) Prohibition.--Except as otherwise provided in this |
25 | section, no person shall drive a motor vehicle on any roadway or |
26 | trafficway of this Commonwealth while using an interactive |
27 | wireless communication device to write, send or read any text- | <-- |
28 | based communication, including, but not limited to, a text |
29 | message, instant message, electronic mail or Internet data. A |
30 | person does not send, read or write a text message when the |
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1 | person reads, selects or enters a phone number or name in an |
2 | interactive wireless communication device for the purpose of |
3 | making a phone call. |
4 | (b) Applicability.--This section shall not apply to a person |
5 | operating: |
6 | (1) an emergency vehicle; or |
7 | (2) while in the performance of their official duties: a |
8 | police officer, peace officer or a member of a fire |
9 | department, district or company. for a purpose other than: | <-- |
10 | (1) voice communication through the use of an |
11 | interactive wireless communication device while in hands-free |
12 | mode; |
13 | (2) reading, selecting or entering a telephone number or |
14 | name into an interactive wireless communication device for |
15 | the purpose of voice communication; or |
16 | (3) utilizing a global positioning or navigation system. |
17 | (b) Exceptions.--This section shall not apply to: |
18 | (1) A driver using an interactive wireless communication |
19 | device to contact a 911 system or wireless E-911 service, as |
20 | defined in the act of July 9, 1990 (P.L.340, No.78), known as |
21 | the Public Safety Emergency Telephone Act. |
22 | (2) A driver using an interactive wireless communication |
23 | device when the vehicle is stopped due to a traffic |
24 | obstruction and the motor vehicle transmission is in neutral |
25 | or park. |
26 | (3) Operators of emergency vehicles who use an |
27 | interactive wireless communication device for voice |
28 | communication for the purpose of responding to an emergency |
29 | while engaged in the performance of their official duties. |
30 | (4) Volunteer emergency responders who use an |
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1 | interactive wireless communication device for voice |
2 | communication for the purpose of responding to an emergency |
3 | while engaged in the performance of their official duties. |
4 | (c) Penalty.-- |
5 | (1) Except as set forth in paragraph (2), any person who |
6 | violates this section commits a summary offense and shall, |
7 | upon conviction, be sentenced to pay a fine of not less than | <-- |
8 | $50 and not more than $100 $75. | <-- |
9 | (2) A person who violates this section while passing |
10 | through a school zone, as defined and provided for under |
11 | regulations of the department and meeting the requirements of |
12 | section 3365(b) (relating to special speed limitations), |
13 | commits a summary offense and shall, upon conviction, be |
14 | sentenced to pay a fine of $100. |
15 | (d) Seizure.--The provisions of this section shall not be |
16 | construed as authorizing the seizure or forfeiture of an |
17 | interactive wireless communication device. |
18 | (e) Local ordinances.--This section supersedes and preempts |
19 | all ordinances of any municipality with regard to the use of an |
20 | interactive wireless communication device by the driver of a |
21 | motor vehicle. |
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 | "Hands-free mode." The use of an interactive wireless | <-- |
26 | communication device that allows the user to engage in |
27 | communication without the use of either hand by means of an |
28 | internal feature or function or an attachment or device. |
29 | "Interactive wireless communication device." A wireless |
30 | telephone, personal digital assistant, smart phone, portable or |
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1 | mobile computer or similar device which can be used for voice |
2 | communication, texting, e-mailing, browsing the Internet or |
3 | instant messaging. The term does not include any of the |
4 | following: |
5 | (1) a device being used exclusively as a global |
6 | positioning or navigation system; |
7 | (2) a system or device that is physically or |
8 | electronically integrated into the vehicle; or |
9 | (3) a communication device that is affixed to a mass |
10 | transit vehicle, bus or school bus. |
11 | "Text message." A message consisting of words typed or | <-- |
12 | entered on a keypad of the interactive wireless communication |
13 | device and sent electronically. |
14 | "Volunteer emergency responder." Any of the following: | <-- |
15 | (1) A member of a volunteer ambulance service as defined |
16 | in section 102 of the act of July 31, 2003 (P.L.73, No.17), |
17 | known as the Volunteer Fire Company and Volunteer Ambulance |
18 | Service Grant Act. |
19 | (2) A member of a volunteer fire company as defined in |
20 | section 102 of the Volunteer Fire Company and Volunteer |
21 | Ambulance Service Grant Act. |
22 | (3) A member of a volunteer rescue company as defined in |
23 | section 102 of the Volunteer Fire Company and Volunteer |
24 | Ambulance Service Grant Act. |
25 | Section 3. This act shall take effect in 60 days. |
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