PRINTER'S NO. 2428
No. 1827 Session of 2007
INTRODUCED BY SHAPIRO, BRENNAN, BLACKWELL, CALTAGIRONE, CLYMER,
COHEN, DALEY, DeLUCA, FABRIZIO, FREEMAN, GALLOWAY, HARHAI,
HARKINS, HENNESSEY, HORNAMAN, JOSEPHS, KENNEY, KORTZ, KULA,
LEACH, MAHONEY, McILHATTAN, McILVAINE SMITH, MUNDY, MURT,
NAILOR, PASHINSKI, PETRARCA, PETRONE, QUINN, RAMALEY,
READSHAW, REED, SABATINA, SAMUELSON, SIPTROTH, K. SMITH,
STABACK, TANGRETTI, TRUE, WATSON, WOJNAROSKI, YOUNGBLOOD AND
ADOLPH, SEPTEMBER 11, 2007
REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 11, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, prohibiting operators from using handheld mobile
3 telephones.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 3316. Prohibiting use of handheld mobile telephones.
9 (a) General rule.--Except as provided in subsection (b), no
10 driver shall operate any moving vehicle on a highway of this
11 Commonwealth, which shall include Federal, State and municipal
12 highways, while using a handheld mobile telephone.
13 (b) Exception.--This section shall not apply to law
14 enforcement officers and operators of emergency vehicles when on
15 duty and acting in their official capacities.
1 (c) Defense.--It shall be a defense to a prosecution brought
2 for a violation of this section that the driver had reason to
3 fear for the driver's safety, was reporting a traffic accident
4 or was making a "911" emergency call.
5 (d) Penalty.--A person who violates this section commits a
6 summary offense and shall, upon conviction, be sentenced to pay
7 a fine of $50.
8 (e) Definitions.--As used in this section, the following
9 words and phrases shall have the meanings given to them in this
10 subsection:
11 "Handheld mobile telephone." A mobile telephone other than a
12 hands-free mobile telephone with which a user engages in a call
13 using at least one hand.
14 "Hands-free mobile telephone." A mobile telephone that has
15 an internal feature or function, or that is equipped with an
16 attachment or addition, whether or not permanently part of such
17 mobile telephone, by which a user engages in a call without the
18 use of either hand, whether or not the use of either hand is
19 necessary to activate, deactivate or initiate a function of such
20 telephone.
21 Section 2. This act shall take effect in 60 days.
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