PRINTER'S NO. 751
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
652
Session of
2015
INTRODUCED BY MARKOSEK, SAMUELSON, KINSEY, MULLERY, MILLARD,
BARBIN, HARKINS, BISHOP, SCHLOSSBERG, SCHWEYER, CARROLL,
KORTZ, COHEN, TRUITT, READSHAW, D. COSTA, DeLUCA, BOBACK,
BROWNLEE, KAVULICH, GIBBONS, THOMAS, MURT, FRANKEL AND MOUL,
FEBRUARY 26, 2015
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 26, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further defining
"interactive wireless communications device"; and in rules of
the road in general, prohibiting use of interactive wireless
communications device, and further providing for duty of
driver in construction and maintenance areas or on highway
safety corridors and for duty of driver in emergency response
areas.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "interactive wireless
communications device" in section 102 of Title 75 of the
Pennsylvania Consolidated Statutes is amended 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:
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* * *
"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[.]; or
(4) an amateur radio or a citizens band radio.
* * *
Section 2. Sections 3316, 3326(c) and 3327(e) of Title 75
are amended to read:
§ 3316. Prohibiting [text-based communications] use of
interactive wireless communications device.
(a) Prohibition.--[No driver]
(1) Except as provided in subsection (b), no person
shall [operate] drive a motor vehicle on a [highway] roadway
or trafficway in this Commonwealth while using an interactive
wireless communications device [to send, read or write a
text-based communication while the vehicle is in motion. A
person does not send, read or write a text-based
communication when the person reads, selects or enters a
telephone number or name in an interactive wireless
communications device for the purpose of activating or
deactivating a voice communication or a telephone call.] for
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a purpose other than:
(i) voice communication through the use of an
interactive wireless communications device while in
hands-free mode;
(ii) reading, selecting or entering a telephone
number or name into an interactive wireless
communications 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 communications device.
(b) [(Reserved).] Exceptions.--This section shall not apply
to:
(1) A person using an interactive wireless
communications device to contact a 911 system or wireless E-
911 service, as defined in 35 Pa.C.S. § 5302 (relating to
definitions).
(2) A person using an interactive wireless
communications 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 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
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communication for the purpose of responding to an emergency
while engaged in the performance of their official duties.
(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.--
(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.
(e) Preemption of local ordinances.--In accordance with
section 6101 (relating to applicability and uniformity of
title), this section supersedes and preempts all ordinances of
any municipality with regard to the use of an interactive
wireless communications device by the driver of a motor vehicle.
(e.1) Public education and awareness programs.--The
department shall develop and maintain Statewide public education
and awareness programs to combat distracted driving and promote
awareness of the provisions of this section.
(f) [Definition.--As used in this section, the term "text-
based communication" means a text message, instant message,
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electronic mail or other written communication composed or
received on an interactive wireless communications device.]
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
communications 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 service as defined in
35 Pa.C.S. § 7363.
§ 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).
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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 use of interactive
wireless communications device).
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
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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 use of interactive
wireless communications 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).
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Section 3714 (relating to careless driving).
Section 3736 (relating to reckless driving).
Section 3802 (relating to driving under influence of alcohol
or controlled substance).
* * *
Section 3. This act shall take effect in 60 days.
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