H1684B2261A06950 BIL:EJH 04/26/18 #90 A06950
AMENDMENTS TO HOUSE BILL NO. 1684
Sponsor: REPRESENTATIVE R. BROWN
Printer's No. 2261
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in general provisions, further providing for definitions;
Amend Bill, page 1, lines 4 and 5, by striking out "calls on
hand-held mobile telephones;" in line 4 and all of line 5 and
inserting
use of interactive wireless communications devices, imposing
penalties and establishing the Driver Distraction Awareness
Fund; and, in operation of vehicles miscellaneous provisions,
further providing for the offense of careless driving.
Amend Bill, page 1, lines 8 and 9, by striking out all of
said lines and inserting
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:
* * *
"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) a hand-held radio being used by a person with an
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amateur radio station license issued by the Federal
Communications Commission.
* * *
Section 2. Section 1535(a) of Title 75 is amended to read:
Amend Bill, page 2, by inserting between lines 3 and 4
1622 Violation of hand-held mobile
telephone. 2
Amend Bill, page 2, lines 22 through 24, by striking out all
of said lines and inserting
3310 Following too closely. 3
3317 Prohibiting use of interactive
wireless communications
devices. 2
Amend Bill, page 4, line 20, by striking out "2" and
inserting
3
Amend Bill, page 4, line 20, by striking out "a section" and
inserting
sections
Amend Bill, page 4, line 21, by striking out "calls on hand-
held mobile telephones." and inserting
use of interactive wireless communications devices.
Amend Bill, page 4, lines 25 and 26, by striking out "a hand-
held mobile telephone to engage in a call " and inserting
an interactive wireless communications device
Amend Bill, page 4, lines 28 and 29, by striking out "hand-
held mobile telephone" and inserting
interactive wireless communications device
Amend Bill, page 5, lines 2 through 14, by striking out all
of said lines and inserting
(b) Presumption.--An operator of a motor vehicle who holds
an interactive wireless communications device while the motor
vehicle is in motion is presumed to be using an interactive
wireless communications device within the meaning of this
section.
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Amend Bill, page 5, line 16, by striking out "a hand-held
mobile telephone" and inserting
an interactive wireless communications device
Amend Bill, page 5, line 20, by striking out "or"
Amend Bill, page 5, line 21, by striking out the period after
"department" and inserting
; or
(iii) a public safety answering point, as defined in
35 Pa.C.S. § 5302 (relating to definitions).
Amend Bill, page 5, lines 22 through 30; page 6, lines 1
through 3; by striking out all of lines 22 through 30 on page 5,
all of lines 1 and 2 and "(4)" in line 3 on page 6 and inserting
(2)
Amend Bill, page 6, line 3, by striking out "mobile
telephone." and inserting
interactive wireless communications device, except as
prohibited under subsection (a)(2).
Amend Bill, page 6, lines 12 through 17, by striking out all
of said lines
Amend Bill, page 6, line 19, by striking out "a mobile
telephone" and inserting
an interactive wireless communications device
Amend Bill, page 6, line 23, by striking out "mobile
telephone." A hand-held mobile telephone" and inserting
interactive wireless communications device." A hand-held
interactive wireless communications device
Amend Bill, page 6, line 26, by striking out "mobile
telephone" and inserting
interactive wireless communications device
Amend Bill, page 6, line 30; page 7, lines 1 through 8; by
striking out all of said lines on said pages and inserting
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§ 3318. Driver Distraction Awareness Fund.
(a) Fund established.--The Driver Distraction Awareness Fund
is established in the Motor License Fund as a special restricted
receipts account. The fund shall consist of deposits from the
following sources:
(1) One-half of the fine assessed under section 3317(d)
(relating to prohibiting use of interactive wireless
communications devices).
(2) All of the fine assessed under section 3714(e)
(relating to careless driving).
(3) Federal funds granted for careless driving
prevention.
(4) Money donated to the fund.
(b) Use of fund.--The fund shall be used solely for the
purpose of the educational program established in subsection
(c). Money in the fund is appropriated to the department for the
purposes of this section.
(c) Educational program.--The department shall establish an
educational program to begin immediately to alert the public to
the requirements and penalties under sections 3317 and 3714(e).
The program shall also encourage motorists to eliminate
distractions in the vehicle as a means of reducing the risk of
harm to themselves and others.
(d) Definition.--As used in this section, the term "fund"
means the Driver Distraction Awareness Fund.
Section 4. Section 3714 of Title 75 is amended by adding
subsections to read:
§ 3714. Careless driving.
* * *
(e) Additional fine for distracted driver.--
(1) A person who violates any provision of this section
and at the time of the violation is distracted by any task or
item, including, but not limited to, any of the following,
shall, in addition to any other penalty imposed, be sentenced
to pay a fine of $25:
(i) An interactive wireless communications device.
(ii) An electronic, electrical or mechanical device.
(iii) A personal grooming device.
(iv) Food.
(v) Drink.
(vi) Printed material.
(2) The provisions of this subsection shall not apply to
any person unless the person is convicted under subsection
(a), (b) or (c) for a violation that occurred at the same
time. No costs as described under 42 Pa.C.S. § 1725.1
(relating to costs) may be imposed on account of an increased
fine under this subsection. Application of this subsection
does not constitute a moving violation.
(3) Notwithstanding any other provision of law to the
contrary, fines collected under this subsection shall be paid
to the Commonwealth for deposit into the Driver Distraction
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Awareness Fund.
(f) Report.--The department shall submit to the General
Assembly a report on the effects of subsection (e) no later than
one year after the effective date of this subsection.
(g) Definition.--As used in this section, the term
"distracted" means having a person's attention diverted from
operating a vehicle.
Amend Bill, page 7, line 9, by striking out "3" and inserting
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