1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in rules of the road in general, prohibiting
3certain calls on handheld mobile telephones; and imposing a
4duty on the Department of Transportation relating to a public
5awareness program.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Title 75 of the Pennsylvania Consolidated
9Statutes is amended by adding a section to read:

10§ 3317. Prohibiting calls on handheld mobile telephones.

11(a) General rule.--Except as otherwise provided in this
12section, no person shall operate a motor vehicle on a highway or
13trafficway in this Commonwealth while using a handheld mobile
14telephone to engage in a call while such vehicle is in motion.

15(b) Presumption.--

16(1) An operator of a motor vehicle who holds a handheld
17mobile telephone to or in the immediate proximity of the
18operator's ear while the motor vehicle is in motion is
19presumed to be engaging in a call within the meaning of this

1section.

2(2) The presumption established by this subsection is
3rebuttable by evidence which shows that the operator was not
4engaged in a call.

5(3) The provisions of this subsection shall not be
6construed as authorizing the seizure or forfeiture of a
7handheld mobile telephone or a mobile electronic device,
8unless otherwise provided by law.

9(c) Nonapplicability.--Subsection (a) shall not apply to:

10(1) The use of a handheld mobile telephone for the sole
11purpose of communicating with any of the following regarding
12an emergency situation:

13(i) an emergency response operator;

14(ii) a hospital, physician's office or health
15clinic;

16(iii) an ambulance company;

17(iv) a fire department; or

18(v) a police department.

19(2) Any of the following persons while in the
20performance of their official duties and within the scope of
21their employment:

22(i) a law enforcement officer;

23(ii) a firefighter or an operator of an ambulance or
24authorized emergency vehicle; or

25(iii) a member of the armed forces of the United
26States while operating a military vehicle.

27(3) The use of a handheld radio by a person with an
28amateur radio station license issued by the Federal
29Communications Commission.

30(4) The use of a hands-free mobile telephone.

1(d) Penalty.--

2(1) A person who violates subsection (a) commits a
3summary offense and shall, upon conviction, be sentenced to
4pay a fine of $100 for the first violation, $200 for a second
5violation and $300 for a third or subsequent violation.

6(2) No person shall be convicted of a violation of 
7subsection (a) unless the person is also convicted of another 
8violation of this title which occurred at the same time. No 
9costs as described in 42 Pa.C.S. § 1725.1 (relating to costs) 
10shall be imposed for summary conviction of subsection (a). 
11Conviction of the summary offense under this section shall 
12not constitute a moving violation.

13(e) Preemption of local ordinances.--In accordance with
14section 6101 (relating to applicability and uniformity of
15title), this section supersedes and preempts all ordinances of
16any municipality with regard to the use of a handheld mobile
17telephone by the operator of a motor vehicle.

18(f) Definitions.--As used in this section, the following
19words and phrases shall have the meanings given to them in this
20subsection unless the context clearly indicates otherwise:

21"Engage in a call." Talking into or listening on a handheld
22mobile telephone. The term does not include holding a handheld
23mobile telephone to activate, deactivate or initiate a function
24of such telephone.

25"Hands-free accessory." An attachment, add-on, built-in
26feature or addition to a mobile telephone, whether or not
27permanently installed in a motor vehicle, that when used allows
28the vehicle operator to maintain both hands on the steering
29wheel.

30"Hands-free mobile telephone." A handheld mobile telephone

1that has an internal feature or function or that is equipped
2with an attachment or addition, whether or not permanently part
3of such handheld mobile telephone, by which a user engages in a
4call without the use of either hand, whether or not the use of
5either hand is necessary to activate, deactivate or initiate a
6function of such telephone.

7"Handheld mobile telephone." A mobile telephone with which a
8user engages in a call using at least one hand.

9"Immediate proximity." The distance that permits an operator
10of a handheld mobile telephone to hear telecommunications
11transmitted over such handheld mobile telephone, but does not
12require physical contact with the operator's ear.

13"Mobile electronic device." Any handheld or other portable
14electronic equipment capable of providing data communication
15between two or more persons, including a text messaging device,
16a paging device, a personal digital assistant, a laptop
17computer, equipment that is capable of playing a video game or a
18digital video disk or equipment on which digital photographs are
19taken or transmitted, or any combination thereof. The term does
20not include any audio equipment or equipment installed in a
21motor vehicle for the purpose of providing navigation, emergency
22assistance to the operator of such motor vehicle or video
23entertainment to the passengers in the rear seats of such motor
24vehicle.

25"Mobile telephone." A cellular, analog, wireless or digital
26telephone capable of sending or receiving telephone
27communications without an access line for service.

28"Using" or "use." Holding a handheld mobile telephone to or
29in the immediate proximity of the user's ear.

30Section 2. The Department of Transportation shall develop

1and implement a comprehensive public awareness program designed
2to educate the citizens of this Commonwealth regarding the
3provisions of 75 Pa.C.S. § 3317.

4Section 3. This act shall take effect as follows:

5(1) The addition of 75 Pa.C.S. § 3317 shall take effect
6in six months.

7(2) The remainder of this act shall take effect
8immediately.