THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARKOSEK, FEBRUARY 9, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 9, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for definitions, for persons

ineligible for licensing, license issuance to minors, junior

driver's license, for learners' permits and for school

examination or hearing or accumulation of points or excessive

speeding; providing for prohibiting use of interactive

wireless communication device; and further providing for duty

of driver in construction and maintenance areas or on highway

safety corridors, for duty of driver in emergency response

areas, for accident report forms, for department to compile,

tabulate and analyze accident reports, for television

equipment, for restraint systems and for applicability and

uniformity of title.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

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

* * *

"Interactive wireless communication device."  A wireless

telephone, personal digital assistant, smart phone, portable or

mobile computer, or similar device which can be used for voice

communication, texting, e-mailing, browsing the Internet or

instant messaging. The term does not include any of the

following:

(1)  A device being used exclusively as a global

positioning or navigation system or a system or device that

is physically or electronically integrated into the vehicle.

(2)  A communication device that is affixed to a mass

transit vehicle, bus or school bus.

(3)  An amateur radio.

(4)  A citizens band radio.

* * *

Section 2.  Section 1503(c) of Title 75 is amended by adding

a paragraph to read:

§ 1503.  Persons ineligible for licensing; license issuance to

minors; junior driver's license.

* * *

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

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

rules and regulations adopted by the department and subject to

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

automatically become a regular driver's license when the junior

driver attains 18 years of age.

* * *

(2.1)  (i)  For the first six months after issuance of

the junior driver's license, a junior driver shall not

drive a vehicle with more than one passenger under 18

years of age who is not a member of the driver's

immediate family unless the junior driver is accompanied

by a parent or legal guardian. After the expiration of

the first six months, a junior driver shall not drive a

vehicle with more than three passengers under 18 years of

age who are not members of the driver's immediate family

unless the junior driver is accompanied by a parent or

legal guardian.

(ii)  Notwithstanding the provisions of subsection

(a), a junior driver shall not drive a vehicle with more

than one passenger under 18 years of age who is not a

member of the driver's immediate family unless the junior

driver is accompanied by a parent or legal guardian if

the junior driver has been convicted of any violation of

this title.

(iii)  For purposes of this paragraph, a junior

driver's immediate family shall include brothers,

sisters, stepbrothers or stepsisters of the driver,

including adopted or foster children and persons residing

in the same household as the junior driver.

* * *

Section 3.  Sections 1505(e) and 1538(e) of Title 75 are

amended to read:

§ 1505.  Learners' permits.

* * *

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

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

authorized to take the examination for a regular or junior

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

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

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

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

vehicle for a period of six months.

(2)  Present to the department a certification form

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

parentis or spouse of a married minor stating that the minor

applicant has completed [50] 65 hours of practical driving

experience accompanied as required under subsection (b).

Submission of a certification shall not subject the parent,

guardian, person in loco parentis or spouse of a married

minor to any liability based upon the certification.

(3)  Have the certification form completed when the minor

is ready for the licensing examination. The certification

form shall be developed by the department and will be

provided by the department when the original application for

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

this form readily available through the mail or electronic

means. A suspension under this paragraph shall be in lieu of

a suspension under subsection (d)(1).

* * *

Section 4.  Title 75 is amended by adding a section to read:

§ 3316.  Prohibiting use of interactive wireless communication

device.

(a)  Driver restrictions.--

(1)  Except as provided in paragraph (2), no person shall

drive a motor vehicle upon a roadway or trafficway in this

Commonwealth while using an interactive wireless

communication device for a purpose other than:

(i)  voice communication through the use of an

interactive wireless communication device while in hands-

free mode;

(ii)  reading, selecting or entering a telephone

number or name into an interactive wireless communication

device for the purpose of voice communication; or

(iii)  utilizing a global positioning or navigation

system.

(2)  No person with a learner's permit or junior driver's

license shall drive a motor vehicle upon a roadway or

trafficway in this Commonwealth while using an interactive

wireless communication device.

(b)  Enforcement.--A conviction under subsection (a) by State

or local law enforcement agencies shall occur only as a

secondary action when a driver of a motor vehicle has been

convicted of another provision under this title.

(c)  Exceptions.--This section shall not apply to:

(1)  A driver using an interactive wireless communication

device to contact a 911 system or wireless E-911 service, as

defined in 35 Pa.C.S. Ch. 53 (relating to emergency telephone

service).

(2)  A driver using an interactive wireless communication

device when the vehicle is stopped due to a traffic

obstruction and the motor vehicle transmission is in neutral

or park.

(3)  Operators of emergency vehicles who use an

interactive wireless communication device for voice

communication for the purpose of responding to an emergency

while engaged in the performance of their official duties.

(4)  Volunteer emergency responders who use an

interactive wireless communication device for voice

communication for the purpose of responding to an emergency

while engaged in the performance of their official duties.

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

construed as authorizing the seizure or forfeiture of an

interactive wireless communication device.

(e)  Penalty.--

(1)  A person who violates subsection (a) commits a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $50.

(2)  A person who violates subsection (a) while passing

through a school zone, as defined and provided under the

regulations of the department, commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $100.

An official traffic-control device shall indicate the

beginning and end of each school zone to traffic approaching

in each direction. Establishment of a school zone, including

its location and hours of operation, shall be approved by the

department.

(f)  Public education and awareness program.--The department

shall develop and maintain Statewide public education and

awareness programs to combat distracted driving and driving

under the influence and promote awareness of the provisions of

this section subject to available funding.

(g)  Guidelines.--The department shall, in consultation with

the Department of Education and the Pennsylvania State Police,

promulgate guidelines for the implementation of subsection (f)

within six months of the effective date of this section.

(h)  Insurance.--An insurer may not charge an insured who has

been convicted under this section a higher premium for a policy

of insurance in whole or in part by reason of that conviction.

(i)  Department to compile report.--The department shall

annually compile and make available to the Transportation

Committee of the Senate and the Transportation Committee of the

House of Representatives a report detailing the public education

efforts to combat distracted driving and driving under the

influence and promote awareness of the provisions of this

section.

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

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

subsection unless the context clearly indicates otherwise:

"Hands-free mode."  The use of an interactive wireless

communication device that allows the user to engage in

communication without the use of either hand by means of an

internal feature or function or an attachment or device.

"Volunteer emergency responder."  Any of the following:

(1)  A member of a volunteer ambulance service as defined

in 35 Pa.C.S. § 7363 (relating to definitions).

(2)  A member of a volunteer fire company as defined in

35 Pa.C.S. § 7363.

(3)  A member of a volunteer rescue company as defined in

35 Pa.C.S. § 7363.

Section 5.  Sections 3326(c), 3327(e) and 3352(a) of Title 75

are amended to read:

§ 3326.  Duty of driver in construction and maintenance areas or

on highway safety corridors.

* * *

(c)  Fines to be doubled.--For any of the following

violations, when committed in an active work zone manned by

workers acting in their official capacity or on a highway safety

corridor designated under section 6105.1 (relating to

designation of highway safety corridors), the fine shall be

double the usual amount:

Section 3102 (relating to obedience to authorized

persons directing traffic).

Section 3111 (relating to obedience to traffic-

control devices).

Section 3112 (relating to traffic-control signals).

Section 3114 (relating to flashing signals).

Section 3302 (relating to meeting vehicle proceeding

in opposite direction).

Section 3303 (relating to overtaking vehicle on the

left).

Section 3304 (relating to overtaking vehicle on the

right).

Section 3305 (relating to limitations on overtaking

on the left).

Section 3306 (relating to limitations on driving on

left side of roadway).

Section 3307 (relating to no-passing zones).

Section 3309 (relating to driving on roadways laned

for traffic).

Section 3310 (relating to following too closely).

Section 3316(a) (relating to prohibiting use of

interactive wireless communication device).

Section 3323 (relating to stop signs and yield

signs).

Section 3326 (relating to duty of driver in

construction and maintenance areas).

Section 3361 (relating to driving vehicle at safe

speed).

Section 3362 (relating to maximum speed limits).

Section 3702 (relating to limitations on backing).

Section 3714 (relating to careless driving).

Section 3736 (relating to reckless driving).

Section 3802 (relating to driving under influence of

alcohol or controlled substance).

* * *

§ 3327.  Duty of driver in emergency response areas.

* * *

(e)  Fines to be doubled.--In addition to any penalty as

provided in subsection (b), the fine for any of the following

violations when committed in an emergency response area manned

by emergency service responders shall be double the usual

amount:

Section 3102 (relating to obedience to authorized persons

directing traffic).

Section 3111 (relating to obedience to traffic-control

devices).

Section 3114 (relating to flashing signals).

Section 3302 (relating to meeting vehicle proceeding in

opposite direction).

Section 3303 (relating to overtaking vehicle on the

left).

Section 3304 (relating to overtaking vehicle on the

right).

Section 3305 (relating to limitations on overtaking on

the left).

Section 3306 (relating to limitations on driving on left

side of roadway).

Section 3307 (relating to no-passing zones).

Section 3310 (relating to following too closely).

Section 3312 (relating to limited access highway

entrances and exits).

Section 3316(a) (relating to prohibiting use of

interactive wireless communication device).

Section 3323 (relating to stop signs and yield signs).

Section 3325 (relating to duty of driver on approach of

emergency vehicle).

Section 3361 (relating to driving vehicle at safe speed).

Section 3707 (relating to driving or stopping close to

fire apparatus).

Section 3710 (relating to stopping at intersection or

crossing to prevent obstruction).

Section 3714 (relating to careless driving).

Section 3736 (relating to reckless driving).

Section 3802 (relating to driving under influence of

alcohol or controlled substance).

* * *

§ 3752.  Accident report forms.

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

request supply to all law enforcement agencies and other

appropriate agencies or individuals, forms for written accident

reports as required in this subchapter suitable with respect to

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

served. The written report forms shall call for sufficiently

detailed information to disclose with reference to a vehicle

accident the cause, conditions then existing and the persons and

vehicles involved, including whether the driver of the vehicle

was using an interactive wireless communication device when the

accident occurred and other information as the department may

require. Reports for use by the drivers and owners shall also

provide for information relating to financial responsibility.

* * *

Section 6.  Section 3753 of Title 75 is amended by adding a

subsection to read:

§ 3753.  Department to compile, tabulate and analyze accident

reports.

* * *

(b.1)  Report on interactive wireless communication

devices.--The department shall annually compile and make

available to the public information submitted on an accident

report concerning the use of interactive wireless communication

devices in motor vehicles involved in traffic accidents. The

report shall note whether the driver of the motor vehicle was

using an interactive wireless communication device when the

accident occurred. The data shall also be included in an annual

report submitted by the department to the Transportation

Committee of the Senate and the Transportation Committee of the

House of Representatives.

* * *

Section 7.  Sections 4527 and 4581(a) and (b) are amended to

read:

§ 4527.  [Television] Video receiving equipment.

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

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

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

device, video receiving equipment, including a receiver, a video

monitor or a television or video screen capable of displaying a

television broadcast or video signal that produces entertainment

or business applications or similar equipment which is located

in the motor vehicle at any point forward of the back of the

driver's seat [or otherwise visible], or which is visible,

directly or indirectly, to the driver while operating the motor

vehicle.

(a.1)  Prohibition.--Except as provided in subsection (b), no

registered owner of a motor vehicle shall install or cause to be

installed in the owner's motor vehicle an image display device

intended to be visible to a driver in the normal driving

position when the vehicle is in motion and when the driver is

restrained by the safety seat belt system adjusted in accordance

with the manufacturer's recommendations.

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

following:

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

devices in a vehicle used exclusively for safety or law

enforcement purposes as approved by the Pennsylvania State

Police.

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

conjunction with in-vehicle navigation systems, related to

traffic, road and weather information.

(3)  Image display devices that provide vehicle

information related to the driving task or to enhance or

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

of the motor vehicle or permit the driver to monitor vehicle

occupants behind the driver.

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

the driver while the vehicle is in motion.

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

vehicle is parked.

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

display device" means equipment capable of displaying to the

driver of the motor vehicle:

(1)  a broadcast television image; or

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

video disc or other storage device.

§ 4581.  Restraint systems.

(a)  Occupant protection.--

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

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

vehicle or motor home and who transports a child under four

years of age anywhere in the motor vehicle, including the

cargo area, shall fasten such child securely in a child

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

This subsection shall apply to all persons while they are

operators of motor vehicles where a seating position is

available which is equipped with a seat safety belt or other

means to secure the systems or where the seating position was

originally equipped with seat safety belts.

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

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

vehicle or motor home and who transports a child four years

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

motor vehicle, including the cargo area, shall fasten such

child securely in a fastened safety seat belt system and in

an appropriately fitting child booster seat, as defined in

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

while they are operators of motor vehicles where a seating

position is available which is equipped with a seat safety

belt or other means to secure the systems or where the

seating position was originally equipped with seat safety

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

law enforcement agencies shall occur only as a secondary

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

violating any other provision of this title.] 

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

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

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

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

home operated in this Commonwealth shall [wear] secure or

cause to be secured in a properly adjusted and fastened

safety seat belt system on the driver, if under 18 years

of age, and every vehicle occupant eight years of age or

older but under 18 years of age. [A conviction under this

paragraph by State or local law enforcement agencies

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

motor vehicle has been convicted of any other provision

of this title. The driver of a passenger automobile shall

secure or cause to be secured in a properly adjusted and

fastened safety seat belt system any occupant who is

eight years of age or older and less than 18 years of

age.]

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

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

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

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

motor vehicle, antique motor vehicle or motor home

operated in this Commonwealth shall wear a properly

adjusted and fastened safety seat belt system.

(iii)  This paragraph shall not apply to:

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

vehicle manufactured before July 1, 1966.

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

possesses a written verification from a physician

that he is unable to wear a safety seat belt system

for physical or medical reasons, or from a

psychiatrist or other specialist qualified to make an

informed judgment that he is unable to wear a safety

seat belt system for psychological reasons.

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

operating any motor vehicle during the performance of

his duties as a United States postal service rural

letter carrier only between the first and last

delivery points.

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

is traveling less than 15 miles per hour for the

purpose of delivering goods or services while in the

performance of his duties and only between the first

and last delivery points.

A violation of this paragraph shall not be subject to the

assessment of any points under section 1535 (relating to

schedule of convictions and points).

(3)  [A] Notwithstanding the provisions of section

1503(c)(2.1) (relating to persons ineligible for licensing;

license issuance to minors; junior driver's license), a 

driver who is under 18 years of age may not operate a motor

vehicle in which the number of passengers exceeds the number

of available safety seat belts in the vehicle.

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

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

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

collecting any such fines shall transfer the fines thus

collected to the State Treasurer for deposit in the Child

Passenger Restraint Fund, pursuant to section 4582 (relating to

Child Passenger Restraint Fund). Anyone who violates subsection

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

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

be convicted of a violation of subsection [(a)(2)] (a)(2)(ii) 

unless the person is also convicted of another violation of this

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

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

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

this subsection shall not constitute a moving violation.

* * *

Section 8.  Section 6101 of Title 75 is amended to read:

§ 6101.  Applicability and uniformity of title.

The provisions of this title shall be applicable and uniform

throughout this Commonwealth and in all political subdivisions

in this Commonwealth, and no local authority shall enact or

enforce any ordinance on a matter covered by the provisions of

this title unless expressly authorized. A person charged with

violating an ordinance determined to be enacted or enforced in

violation of this section shall be awarded court costs and

attorney fees incurred as a result of defending against the

charge.

Section 9.  This act shall take effect in 60 days.