THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TOMLINSON, McILHINNEY, ALLOWAY, WAUGH, ERICKSON, FONTANA, BOSCOLA, STACK, EARLL, RAFFERTY, WILLIAMS, M. WHITE, LEACH, CORMAN, MENSCH AND YUDICHAK, JANUARY 28, 2011

REFERRED TO TRANSPORTATION, JANUARY 28, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, providing for prohibiting use of electronic

wireless communications devices while operating motor

vehicles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 75 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 3316.  Prohibiting use of electronic wireless communications

devices.

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

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

highway and use an electronic wireless communications device to

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

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

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

in an electronic wireless communications device for the purpose

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

subsection by State or local law enforcement agencies shall

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

vehicle has been detained or convicted of any other provision of

this title.

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

operating:

(1)  an emergency vehicle; or

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

police officer, peace officer or coroner; or a member of a

fire department, district or company.

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

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

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

of points under this title.

(d)  Local ordinances.--This section supersedes and preempts

all ordinances of any municipality with regard to the use of an

electronic wireless communications device by the driver of a

motor vehicle.

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

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

subsection:

"Electronic wireless communications device."  A handheld 

electronic device that permits the user to send or receive

electronic communications but excludes a voice-activated global

positioning or navigation system affixed to the vehicle.

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

entered on a keypad of the electronic wireless communication

device and sent electronically.

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