THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KORTZ, BOBACK, BRIGGS, CALTAGIRONE, COHEN, DePASQUALE, DONATUCCI, HORNAMAN, JOHNSON, JOSEPHS, KAVULICH, W. KELLER, MAHONEY, M. O'BRIEN, PASHINSKI, READSHAW, SCHRODER AND VULAKOVICH, MARCH 21, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 21, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," prohibiting certain unsafe operation

of school buses and school vehicles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 1361.1.  Unsafe Operation of School Buses.--(a)  No

individual shall consume food or beverages or operate a cellular

telephone while operating a school bus or a school vehicle on

any trafficway when such vehicle is in motion and such bus or

vehicle is transporting one or more children.

(b)  The prohibition in subsection (a) shall not apply when

the school bus or school vehicle is parked in a safe area off of

a trafficway as defined in 75 Pa.C.S. § 102 (relating to

definitions), the consumption of food or beverages is necessary

for a medical condition, or in an emergency situation as

specified in subsection (d).

(c)  A person who violates this section commits a summary

offense and shall, upon conviction, be sentenced to pay a fine

of not less than fifty dollars ($50) nor more than one hundred

dollars ($100). The fine shall be three hundred dollars ($300)

if the violation causes a vehicular accident.

(d)  For purposes of this section:

"Cellular telephone" shall mean a cellular, analog, wireless

or digital two-way communication device that:

(1)  Requires the operator to dial numbers or operate

manually.

(2)  Includes radio-telephone communications used in cellular

telephone service, personal communication service or the

functional equivalent of a radio-telephone communications line

used in cellular telephone service or a personal communication

service.

The term does not include a two-way radio, a citizens band radio

or a citizens band radio hybrid.

"Emergency situation" shall include an occasion where a call

is made to:

(1)  An emergency system response operator or 911 public

safety communications dispatcher.

(2)  A hospital or emergency room.

(3)  A physician's office or health clinic.

(4)  An ambulance or fire department rescue service.

(5)  A fire department or volunteer fire department.

(6)  A police department.

(7)  A school district building or central dispatch.

(8)  Emergency roadside assistance agencies or towing or

repair businesses.

"School bus" shall have the same meaning as under 75 Pa.C.S.

§ 102 (relating to definitions).

"School vehicle" shall have the same meaning as under 75

Pa.C.S. § 102 (relating to definitions).

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