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, YUDICHAK, BREWSTER, PILEGGI, WASHINGTON AND GREENLEAF, JANUARY 28, 2011

SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, MAY 10, 2011   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, defining "interactive wireless communications

<--

device"; further providing for junior driver's license and

for suspension of operating privilege; providing for

prohibiting use of electronic interactive wireless

<--

communications devices while operating motor vehicles; 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 and for restraint

systems.

The General Assembly of the Commonwealth of Pennsylvania

<--

declares that the part of this act that limits the number of

passengers a junior driver may transport in a motor vehicle at

one time may be referred to as Lacey's Law in honor of Lacey

Gallagher.

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.

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 communications 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;

(2)  a system or device that is physically or

electronically integrated into the vehicle; or

(3)  a communications device that is affixed to a mass

transit vehicle, bus or school bus.

* * *

Section 2.  Sections 1503(c) and 1538(e) of Title 75 are

amended 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.

(1)  Except as provided in paragraph (2), no licensed

junior driver shall drive a vehicle upon a public highway

between 11 p.m. and 5 a.m. unless accompanied by a spouse 18

years of age or older, a parent or a person in loco parentis.

(2)  A licensed junior driver conforming to the

requirements of section 1507 (relating to application for

driver's license or learner's permit by minor) may drive a

vehicle upon a public highway between 11 p.m. and 5 a.m.

between the junior driver's home and activity or employment

or in the course of the junior driver's activity or

employment if the junior driver is a member of a volunteer

fire company authorized by the fire chief to engage in

fighting fires, is engaged in public or charitable service or

is employed and is carrying an affidavit or certificate of

authorization signed by the junior driver's fire chief,

supervisor or employer indicating the probable schedule of

the junior driver's activities. Upon termination of the

junior driver's activity or employment, the junior driver

shall surrender the affidavit or certificate to the fire

chief, supervisor or employer. If the junior driver shall

fail to surrender the affidavit or certificate, the employer,

fire chief or supervisor shall immediately notify the

Pennsylvania State Police.

(2.1)  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. 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 involved in an

accident reportable under section 3746(a) (relating to

immediate notice of accident to police department) for which

the junior driver is partially or fully responsible in the

opinion of the department or has been convicted of any

violation of this title. For purposes of this subsection, a

junior driver's immediate family shall include brothers,

sisters, stepbrothers or stepsisters of the driver, including

adopted or foster children residing in the same household as

the junior driver.

(3)  In addition to the other provisions of this title

relating to the suspension or revocation of operating

privileges, in the event that a licensed junior driver is

involved in an accident reportable under section 3746(a) for

which the junior driver is partially or fully responsible in

the opinion of the department or is convicted of any

violation of this title, the department may suspend the

operating privileges of the junior driver until the junior

driver attains 18 years of age or for a period of time not

exceeding 90 days.

(4)  Any junior driver or other person violating any

provision of this subsection is guilty of a summary offense.

§ 1538.  School, examination or hearing on accumulation of

points or excessive speeding.

* * *

(e)  Additional suspension of operating privilege.--

(1)  In addition to any other provisions of law relating

to the suspension or revocation of operating privileges, a

person's operating privileges shall be suspended under any of

the following circumstances:

(i)  Prior to reaching age 18, the person violates

section 3362 (relating to maximum speed limits) by

traveling 26 miles per hour or more over the posted speed

limit and the violation results in a conviction, guilty

plea or plea of no contest before or after the person

reaches age 18.

(ii)  The person accumulates six or more points under

the provisions of section 1535 (relating to schedule of

convictions and points) and the violations resulting in

points accumulation were committed before the person

reached age 18.

(2)  The first suspension under paragraph (1) shall be

for a period of 90 days with every subsequent suspension

under paragraph (1) to be for a period of 120 days.

Suspensions under paragraph (1) shall be imposed

consecutively to each other and to any other suspension. A

suspension under paragraph (1) shall be considered a

subsequent suspension even if it is imposed contemporaneously

with a first suspension imposed under paragraph (1). A

suspension under this paragraph shall be in lieu of a

suspension under subsection (d)(1).

(3)  An insurer shall treat a suspension of a person

under this subsection the same as a person over 18 years of

age for a similar violation for the purpose of automobile

insurance and may not increase premiums, impose any surcharge

or rate penalty or make any driver record point assignment

for automobile insurance in a manner different from that of a

person over 18 years of age.

Section 3.  Title 75 is amended by adding a section to read:

§ 3316.  Prohibiting use of interactive wireless communications

devices.

(a)  Prohibition.--

(1)  Except as otherwise provided under subsection (b),

no person shall drive a motor vehicle upon a roadway or

trafficway in this Commonwealth while using an interactive

wireless communications device.

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

(1)  Persons who use an interactive wireless

communications device to contact a 511 service or 911 system 

or wireless E-911 service, as defined in the act of July 9,

1990 (P.L.340, No.78), known as the Public Safety Emergency

Telephone Act.

(2)  Persons who use an interactive wireless

communications device when the vehicle is stopped due to

traffic obstruction and the motor vehicle transmission is in

neutral or park.

(3)  Operators of emergency vehicles who use an

interactive wireless communications 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 communications device for voice

communication for the purpose of responding to an emergency

while engaged in the performance of their official duties.

(5)  Amateur radio operators who use an interactive

wireless communications device for voice communication.

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

construed as authorizing the seizure or forfeiture of an

interactive wireless communications device, unless otherwise

provided by law.

(d)  Penalty.--Any person who violates subsection (a)(1)

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $100. A violation of subsection (a)

(1) shall not result in the accumulation of points under this

title.

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

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

subsection:

"Volunteer emergency responder."  Any of the following:

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

in 35 Pa.C.S. § 7802 (relating to definitions);

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

35 Pa.C.S § 7802; or

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

35 Pa.C.S § 7802.

Section 4.  Sections 3326(c), 3327(e) and 3752(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 (relating to prohibiting interactive wireless

communications devices).

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

Section 3326 (relating to duty of driver in construction and

maintenance areas or on highway safety corridors).

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 (relating to prohibiting interactive wireless

communications devices).

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 communications device

when the accident occurred, and such 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 5.  Section 3753 of Title 75 is amended by adding a

subsection to read:

§ 3753.  Department to compile, tabulate and analyze accident

reports.

* * *

(b.1)  Certain reports.--The department shall annually

compile and make available to the public information submitted

on an accident report concerning interactive wireless

communications devices in motor vehicles involved in traffic

accidents. The report shall note whether the driver of the motor

vehicle was using an interactive wireless communications device

when the accident occurred. The department shall biannually

compile and make available to the public information submitted

on an accident report concerning junior drivers with multiple

passengers under 18 years of age and the use of seat belts by

drivers and passengers under 18 years of age in motor vehicles

involved in traffic accidents. The report shall note the number

of passengers under 18 years of age if the driver involved in

the accident was a junior driver and whether drivers and

passengers under 18 years of age utilized a safety belt system. 

The data shall be included in a report submitted to the

Transportation Committee of the Senate and the Transportation

Committee of the House of Representatives.

* * *

Section 6.  Sections 4527 and 4581(a) of Title 75 are amended

to read:

§ 4527.  [Television] Video receiving equipment.

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

(b), 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], or which is 

visible, directly or indirectly, to the driver while operating

the motor vehicle.

(a.1)  Except as provided in subsection (b), no person may

install in a 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 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

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 for 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 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.

* * *

Section 7.  This act shall take effect in 60 days.