PRINTER'S NO. 2261
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1684
Session of
2017
INTRODUCED BY R. BROWN, BOBACK, D. COSTA, SCHLEGEL CULVER,
DeLUCA, EMRICK, W. KELLER, MARSHALL, MENTZER, MILLARD,
O'NEILL, SCHLOSSBERG, SOLOMON, STAATS, STURLA, TOOHIL AND
WATSON, JULY 27, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 27, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
schedule of convictions and points; in rules of the road in
general, prohibiting calls on hand-held mobile telephones;
and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1535(a) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1535. Schedule of convictions and points.
(a) General rule.--A point system for driver education and
control is hereby established which is related to other
provisions for use, suspension and revocation of the operating
privilege as specified under this title. Every driver licensed
in this Commonwealth who is convicted of any of the following
offenses shall be assessed points as of the date of violation in
accordance with the following schedule:
Section Number Offense Points
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1512
Violation of restriction on
driver's license. 2
1571 Violation concerning license. 3
3102
Failure to obey policeman or
authorized person. 2
3111.1 Obedience to traffic-control
devices warning of hazardous
conditions. 2
3112(a)(3)(i)
or (ii)
Failure to stop for a red
light. 3
3114(a)(1)
Failure to stop for a flashing
red light. 3
3302
Failure to yield half of
roadway to oncoming vehicle. 3
3303 Improper passing. 3
3304 Other improper passing. 3
3305 Other improper passing. 3
3306(a)(1) Other improper passing. 4
3306(a)(2) Other improper passing. 3
3306(a)(3) Other improper passing. 3
3307 Other improper passing. 3
3310
3317
Following too closely.
Prohibiting calls on hand-held
mobile telephones.
3
3
3321
Failure to yield to driver on
the right at intersection. 3
3322
Failure to yield to oncoming
driver when making left turn. 3
3323(b) Failure to stop for stop sign. 3
3323(c) Failure to yield at yield 3
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30
sign.
3324
Failure to yield when entering
or crossing roadway between
intersections. 3
3332 Improper turning around. 3
3341(a)
Failure to obey signal
indicating approach of train. 2
3341(b)
Failure to comply with
crossing gate or barrier. 4
(and 30 days' suspension)
3342(b) or (e)
Failure to stop at railroad
crossings. 4
3344
Failure to stop when entering
from alley, driveway or
building. 3
3345(a)
Failure to stop for school bus
with flashing red lights. 5
(and 60 days' suspension)
3361
Driving too fast for
conditions. 2
3362
Exceeding maximum speed.--Over
Limit:
6-10 2
11-15 3
16-25 4
26-30 5
31-over 5
(and departmental hearing
and sanctions provided
under section 1538(d))
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3365(b)
Exceeding special speed limit
in school zone. 3
(and 60 days' suspension
for a second or subsequent
offense)
3365(c)
Exceeding special speed limit
for trucks on downgrades. 3
3542(a)
Failure to yield to pedestrian
in crosswalk. 2
3547
Failure to yield to pedestrian
on sidewalk. 3
3549(a)
Failure to yield to blind
pedestrian. 3
3702 Improper backing. 3
3714(a) Careless driving. 3
3745
Leaving scene of accident
involving property damage
only. 4
* * *
Section 2. Title 75 is amended by adding a section to read:
§ 3317. Prohibiting calls on hand-held mobile telephones.
(a) Prohibitions.--
(1) Except as otherwise provided in this section, no
person shall operate a motor vehicle on a highway or
trafficway in this Commonwealth while using a hand-held
mobile telephone to engage in a call while the vehicle is in
motion.
(2) No person under 18 years of age shall use any hand-
held mobile telephone, including one with a hands-free
accessory, while operating a moving motor vehicle on a
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highway or trafficway in this Commonwealth.
(b) Presumption.--
(1) An operator of a motor vehicle who holds a hand-held
mobile telephone to or in the immediate proximity of the
operator's ear while the motor vehicle is in motion is
presumed to be engaging in a call within the meaning of this
section.
(2) The presumption established by this subsection is
rebuttable by evidence which shows that the operator was not
engaged in a call.
(3) The provisions of this subsection shall not be
construed as authorizing the seizure or forfeiture of a hand-
held mobile telephone or a mobile electronic device, unless
otherwise provided by law.
(c) Nonapplicability.--Subsection (a) shall not apply to:
(1) The use of a hand-held mobile telephone for the sole
purpose of communicating with any of the following regarding
an emergency situation if the vehicle is not equipped with
hands-free technology :
(i) a fire department; or
(ii) a police department.
(2) Any of the following persons while in the
performance of their official duties and within the scope of
their employment if the vehicle is not equipped with hands-
free technology:
(i) a law enforcement officer;
(ii) a first responder; or
(iii) a member of the armed forces of the United
States while operating a military vehicle.
(3) The use of a hand-held radio by a person with an
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amateur radio station license issued by the Federal
Communications Commission.
(4) The use of a hands-free mobile telephone.
(d) Penalty.--A person who violates subsection (a) commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of $50. A person who commits a second or subsequent
offense shall, upon conviction, be sentenced to pay a fine of
$100.
(e) 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:
"Engage in a call." Talking into or listening on a hand-held
mobile telephone. The term does not include holding a hand-held
mobile telephone to activate, deactivate or initiate a function
of the telephone.
"Hand-held mobile telephone." A mobile telephone with which
a user engages in a call using at least one hand.
"Hands-free accessory." An attachment, add-on, built-in
feature or addition to a mobile telephone, whether or not
permanently installed in a motor vehicle, that when used allows
the vehicle operator to maintain both hands on the steering
wheel.
"Hands-free mobile telephone." A hand-held mobile telephone
that has an internal feature or function or that is equipped
with an attachment or addition, whether or not permanently part
of the hand-held mobile telephone, by which a user engages in a
call without the use of either hand, whether or not the use of
either hand is necessary to activate, deactivate or initiate a
function of the telephone.
"Immediate proximity." The distance that permits an operator
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of a hand-held mobile telephone to hear telecommunications
transmitted over the hand-held mobile telephone, but does not
require physical contact with the operator's ear.
"Mobile telephone." A cellular, analog, wireless or digital
telephone capable of sending or receiving telephone
communications without an access line for service.
"Using" or "use." Holding a hand-held mobile telephone to or
in the immediate proximity of the user's ear.
Section 3. This act shall take effect in 180 days.
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