PRINTER'S NO.  131

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

189

Session of

2011

  

  

INTRODUCED BY DePASQUALE, SHAPIRO, MURPHY, READSHAW, FREEMAN, PAYTON, DeWEESE, SANTARSIERO, K. BOYLE, BRENNAN, CARROLL, COHEN, CONKLIN, D. COSTA, CRUZ, DEASY, DeLUCA, DERMODY, FLECK, GEIST, GIBBONS, GILLESPIE, GOODMAN, GRELL, GROVE, HALUSKA, HORNAMAN, JOHNSON, KAUFFMAN, W. KELLER, KILLION, KORTZ, KULA, MAHONEY, MANN, MARSHALL, MATZIE, MICOZZIE, MILLARD, MILLER, M. O'BRIEN, PICKETT, PRESTON, PYLE, RAVENSTAHL, REED, M. SMITH, STABACK, STERN, STURLA, SWANGER, VITALI, VULAKOVICH, WAGNER, SABATINA, SAMUELSON, GINGRICH AND BISHOP, JANUARY 24, 2011

  

  

REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 24, 2011  

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, prohibiting the operation of motor vehicles while

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using electronic wireless communications 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.

 


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(b)  Presumption.--An operator of a motor vehicle who uses an

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electronic wireless communications device within the operator's

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line of sight and arm's reach while the vehicle is in motion is

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presumed to be using the electronic wireless communications

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device within the meaning of this section. The presumption

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established by this subsection is rebuttable by evidence tending

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to show that the operator was not using the electronic wireless

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communications device.

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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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electronic wireless communications device unless otherwise

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provided by law.

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(d)  Applicability.--This section shall not apply to:

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(1)  the use of an electronic wireless communications

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device for the sole purpose of communicating with any of the

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following regarding an emergency situation: an emergency

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response operator; a hospital, physician's office or health

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clinic; an ambulance company or corps; a fire department,

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district or company; or a police department; or

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(2)  any of the following persons while in the

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performance of their official duties: a police officer or

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peace officer; or a member of a fire department, district or

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company.

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(e)  Penalty.--A violation of subsection (a) shall be a

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traffic infraction and shall be punishable by a fine of not more

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than $100.

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(f)  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 thereof to transmit a communication

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of written text by means other than through an oral transfer or

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wire communication as those terms are defined under 18 Pa.C.S. §

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5702 (relating to definitions). The term does not include a

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voice-activated global positioning or navigation system that is

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permanently affixed to a motor vehicle.

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"Use," "uses" or "using."  The act of manually writing,

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reading or transmitting by touching a button, key or making a

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mark with an implement on a screen of an electronic wireless

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communications device for the sole purpose of making a

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communication of a text message on or through the electronic

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wireless communications device. The term does not include such

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act for the sole purpose of entering a number or a name on an

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electronic wireless communications device in order to make an

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oral communication.

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

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