THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARKOSEK, GEIST, BELFANTI, BOYD, BRENNAN, DALEY, J. EVANS, HARPER, HESS, HICKERNELL, KORTZ, McCALL, MOUL, REICHLEY, SCAVELLO, SIPTROTH, K. SMITH, VULAKOVICH, WALKO, WATSON, PASHINSKI, SHAPIRO, LENTZ AND MURT, JANUARY 26, 2009

AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 27, 2009   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, defining "interactive wireless communications

device"; further providing for junior driver's license, for

learners' permits and for suspension of operating privilege;

prohibiting interactive wireless communications devices; and

further providing for accident report forms, for department

to compile, tabulate and analyze accident reports, for

television equipment, for restraint systems, for the offense

of careless driving, for applicability and uniformity of law

and for disposition and use of liquid fuels and fuels tax.

The General Assembly of the Commonwealth of Pennsylvania

declares that the part of this act that limits the number of

passengers a junior driver may transport in a motor vehicle at

one time may be referred to as Lacey's Law in honor of Lacey

Gallagher.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a definition 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."  Any wireless

electronic communications device that provides for voice or data

communication between two or more parties, including, but not

limited to, a mobile or cellular telephone, a text messaging

device, a personal digital assistant that sends or receives

messages or a laptop computer. The term does not include:

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(1)  an amateur radio;

(2)  a citizens band radio;

(3)  a two-way radio communication device; or

(4)  a communication device that is affixed to a mass

transit vehicle, bus or school bus.

* * *

Section 2.  Sections 1503(c), 1505(e) and 1538(e) of Title 75

are amended to read:

§ 1503.  Persons ineligible for licensing; license issuance to

minors; junior driver's license.

* * *

(c)  Junior driver's license.--The department may issue a

junior driver's license to a person 16 or 17 years of age under

rules and regulations adopted by the department and subject to

the provisions of this section. A junior driver's license shall

automatically become a regular driver's license when the junior

driver attains 18 years of age.

(1)  Except as provided in paragraph (2), no licensed

junior driver shall drive a vehicle upon a public highway

between 11 p.m. and 5 a.m. unless accompanied by a spouse 18

years of age or older, a parent or a person in loco parentis.

(2)  A licensed junior driver conforming to the

requirements of section 1507 (relating to application for

driver's license or learner's permit by minor) may drive a

vehicle upon a public highway between 11 p.m. and 5 a.m.

between the junior driver's home and activity or employment

or in the course of the junior driver's activity or

employment if the junior driver is a member of a volunteer

fire company authorized by the fire chief to engage in

fighting fires, is engaged in public or charitable service or

is employed and is carrying an affidavit or certificate of

authorization signed by the junior driver's fire chief,

supervisor or employer indicating the probable schedule of

the junior driver's activities. Upon termination of the

junior driver's activity or employment, the junior driver

shall surrender the affidavit or certificate to the fire

chief, supervisor or employer. If the junior driver shall

fail to surrender the affidavit or certificate, the employer,

fire chief or supervisor shall immediately notify the

Pennsylvania State Police.

(2.1)  Except as set forth in paragraph (2.2), a junior

driver may not drive a vehicle with more than one passenger

under 18 years of age.

(2.2)  With parental or in loco parentis approval, a

junior driver may drive a vehicle with passengers under 18

years of age who are siblings or relatives who live in the

same dwelling as the junior driver.

(3)  In addition to the other provisions of this title

relating to the suspension or revocation of operating

privileges, in the event that a licensed junior driver is

involved in an accident reportable under section 3746(a) for

which the junior driver is partially or fully responsible in

the opinion of the department or is convicted of any

violation of this title, the department may suspend the

operating privileges of the junior driver until the junior

driver attains 18 years of age or for a period of time not

exceeding 90 days.

(4)  Any junior driver or other person violating any

provision of this subsection is guilty of a summary offense.

§ 1505.  Learners' permits.

* * *

(e)  Authorization to test for driver's license and junior

driver's license.--A person with a learner's permit is

authorized to take the examination for a regular or junior

driver's license for the class of vehicle for which a permit is

held. Before a person under the age of 18 years may take the

examination for a junior driver's license, the minor must:

(1)  Have held a learner's permit for that class of

vehicle for a period of six months.

(2)  Present to the department a certification form

signed by the father, mother, guardian, person in loco

parentis or spouse of a married minor stating that the minor

applicant has completed [50] 65 hours of practical driving

experience, including no less than ten hours of nighttime

driving and five hours of inclement weather driving, 

accompanied as required under subsection (b). Submission of a

certification shall not subject the parent, guardian, person

in loco parentis or spouse of a married minor to any

liability based upon the certification.

(3)  Have the certification form completed when the minor

is ready for the licensing examination. The certification

form shall be developed by the department and will be

provided by the department when the original application for

a learner's permit is processed. The department will make

this form readily available through the mail or electronic

means.

* * *

§ 1538.  School, examination or hearing on accumulation of

points or excessive speeding.

* * *

(e)  Additional suspension of operating privilege.--

(1)  In addition to any other provisions of law relating

to the suspension or revocation of operating privileges, a

person's operating privileges shall be suspended under any of

the following circumstances:

(i)  Prior to reaching age 18, the person violates

section 3362 (relating to maximum speed limits) by

traveling 26 miles per hour or more over the posted speed

limit and the violation results in a conviction, guilty

plea or plea of no contest before or after the person

reaches age 18.

(ii)  The person accumulates six or more points under

the provisions of section 1535 (relating to schedule of

convictions and points) and the violations resulting in

points accumulation were committed before the person

reached age 18.

(2)  The first suspension under paragraph (1) shall be

for a period of 90 days with every subsequent suspension

under paragraph (1) to be for a period of 120 days.

Suspensions under paragraph (1) shall be imposed

consecutively to each other and to any other suspension. A

suspension under paragraph (1) shall be considered a

subsequent suspension even if it is imposed contemporaneously

with a first suspension imposed under paragraph (1). A

suspension under this paragraph shall be in lieu of a

suspension under subsection (d)(1).

Section 3.  Title 75 is amended by adding a section to read:

§ 3316.  Prohibiting interactive wireless communications

devices.

(a)  Drivers subject to restriction.--No driver with a

learners' permit or junior driver's license shall drive a motor

vehicle on a highway or trafficway in this Commonwealth while

using an interactive wireless communications device.

(b)  Exceptions.--This section shall not apply to persons who

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(b)  Exceptions.--This section shall not apply to:

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(1)  Persons who use an interactive wireless

communications device to contact a 511 service or 911 system

for the purpose of reporting an accident or an emergency or

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obtaining directions.

(2)  Emergency service personnel who are using an

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interactive wireless communication device in the performance

of 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.--A person who violates subsection (a) commits a

summary offense and 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:

"511" or "511 service."  Three-digit telecommunications

dialing to access an intelligent transportation system traveler

information service provided in this Commonwealth in accordance

with the Federal Communications Commission and the United States

Department of Transportation.

"911."  The number used by a public agency located in whole

or in part within this Commonwealth authorized by law to provide

emergency telephone service to access firefighting, law

enforcement, ambulance, emergency medical or other emergency

services.

Section 4.   Sections 3714 and 3752(a) of Title 75 are 

amended to read:

§ 3714.  Careless driving.

(a)  General rule.--Any person who drives a vehicle in

careless disregard for the safety of persons or property is

guilty of careless driving, a summary offense.

(b)  Unintentional death.--If the person who violates this

section unintentionally causes the death of another person as a

result of the violation, the person shall, upon conviction, be

sentenced to pay a fine of $500.

(c)  Serious bodily injury.--If the person who violates this

section unintentionally causes the serious bodily injury of

another person as a result of the violation, the person shall,

upon conviction, be sentenced to pay a fine of $250.

(c.1)  Additional penalty for distracted driver.--

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(1)  Any person who violates this section and at the time

of the violation is distracted by the use of any device,

including, but not limited to, an electronic, electrical,

mechanical or personal grooming device, food, drink, book or

printed material shall, in addition to any other penalty

imposed, upon conviction, be sentenced to pay a fine of $50.

(2)  No person shall be convicted under paragraph (1)

unless the person is also convicted under subsection (a) for

a violation which occurred at the same time. No costs as

described under 42 Pa.C.S. § 1725.1 (relating to costs) shall 

be imposed for a conviction under this subsection. Conviction

under this subsection shall not constitute a moving

violation.

(c.2)  Civil actions.--

(1)  In no event shall a violation or alleged violation

under subsection (c.1) be:

(i)  used as evidence in a trial of any civil action,

nor shall any jury in a civil action be instructed that

any conduct constitutes or may be interpreted by them to

constitute a violation under subsection (c.1);

(ii)  considered as contributory negligence; or

(iii)  admissible as evidence in the trial of any

civil action.

(2)  This section shall not be construed to impose any

legal obligation upon or impute any civil liability

whatsoever to an owner, employer, manufacturer, dealer or

person engaged in the business of renting or leasing vehicles

to the public to inform the public about the provisions of

subsection (c.1).

(c.3)  Criminal proceedings.--Evidence of a violation under

subsection (c.1) is not admissible as evidence in a criminal

proceeding except in a proceeding for a violation of subsection

(c.1). No criminal proceeding for the crime of homicide by

vehicle shall be brought on the basis of a violation under

subsection (c.1).

(c.4)  Insurance.--An insurer may not charge an insured who

has been convicted under subsection (c.1) a higher premium for a

policy of insurance in whole or in part by reason of that

conviction.

(c.1)  Increased fine for distracted driver.--Upon conviction

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for a violation of this section where at the time of the

violation the person made use of any device not associated with

the safe operation of the vehicle, including, but not limited

to, the following:

(1)  an interactive wireless communications device;

(2)  an electronic, electrical or mechanical device;

(3)  a personal grooming device;

(4)  food;

(5)  drink; and

(6)  any printed material,

the fine imposed for the violation shall be increased by $50.

(c.2)  Effect of increase in fine.--The fact that an increase

in fine was imposed pursuant to subsection (c.1) shall not be:

(1)  Admissible as evidence in any civil or criminal

proceeding.

(2)  Used in any manner whatsoever by an insurer to

charge an insured a higher premium for a policy of insurance.

(c.3)  Construction.--Subsection (c.1) shall not be construed

to impose any legal obligation upon any person to inform any

driver or the public at large about the provisions of the

subsection.

(d)  [Definition.--As used in this section, "serious bodily

injury" means any] Definitions.--As used in this section, the

following words and phrases shall have the meanings given to

them in this subsection:

"Distracted."  Having a person's attention diverted from

operating a vehicle by the use of any device, including, but not

limited to, an electronic, electrical, mechanical or personal

grooming device, food, drink, book or printed material.

"Serious bodily injury."  Any bodily injury which creates a

substantial risk of death or which causes serious, permanent

disfigurement or protracted loss or impairment of the function

of any bodily member or organ.

§ 3752.  Accident report forms.

(a)  Form and content.--The department shall prepare and upon

request supply to all law enforcement agencies and other

appropriate agencies or individuals, forms for written accident

reports as required in this subchapter suitable with respect to

the persons required to make the reports and the purposes to be

served. The written report forms shall call for sufficiently

detailed information to disclose with reference to a vehicle

accident the cause, conditions then existing and the persons and

vehicles involved[.], including whether the driver of the

vehicle was using an interactive wireless communications device

when the accident occurred, and such other information as the

department may require. Reports for use by the drivers and

owners shall also provide for information relating to financial

responsibility.

* * *

Section 5.  Section 3753 of Title 75 is amended by adding a

subsection to read:

§ 3753.  Department to compile, tabulate and analyze accident

reports.

* * *

(b.1)  Report on interactive wireless communications

devices.--The department shall annually compile and make

available to the public information submitted on an accident

report concerning interactive wireless communications devices in

motor vehicles involved in traffic accidents. The report shall

note whether the driver of the motor vehicle was using an

interactive wireless communications device when the accident

occurred. The data shall be included in a report submitted to

the Transportation Committee of the Senate and the

Transportation Committee of the House of Representatives.

* * *

Section 6.  Sections 4527 , 4581(a) and (b) and 6101 of Title

75 are amended to read:

§ 4527.  [Television] Video receiving equipment.

(a)  General rule.--[No] Except as provided in subsection

(c), no person shall drive a motor vehicle [operated on a

highway shall be] equipped with [television-type] any image

display device, video receiving equipment, including a receiver,

a video monitor or a television or video screen capable of

displaying a television broadcast or video signal that produces

entertainment or business applications or similar equipment

which is located in the motor vehicle at any point forward of

the back of the driver's seat [or otherwise], or which is 

visible, directly or indirectly, to the driver while operating

the motor vehicle.

(a.1)  Except as provided in subsection (b), no person may

install in a motor vehicle an image display device intended to

be visible to a driver in the normal driving position when the

vehicle is in motion and when restrained by the safety seat belt

system adjusted in accordance with the manufacturer's

recommendations.

(b)  Exception.--This section shall not apply to the

following:

(1)  [Television-type receiving equipment] Image display

devices in a vehicle used exclusively for safety or law

enforcement purposes as approved by the Pennsylvania State

Police.

(2)  [Electronic displays] Image display devices used in

conjunction with in-vehicle navigation systems, related

traffic, road and weather information.

(3)  Image display devices that provide vehicle

information related to the driving task or to enhance or

supplement the driver's view forward, behind or to the sides

of the motor vehicle or permit the driver to monitor vehicle

occupants behind the driver.

(4)  Image display devices that do not display images to

the driver while the vehicle is in motion.

(5)  Image display devices which display an image while a

vehicle is parked.

(c)  Definitions.--As used in this section, the term "image

display device" means equipment capable of displaying to the

driver of the motor vehicle:

(1)  a broadcast television image; or

(2)  a visual image, other than text, from a digital

video disc or other storage device.

§ 4581.  Restraint systems.

(a)  Occupant protection.--

(1)  Any person who is operating a passenger car, Class I

truck, Class II truck, classic motor vehicle, antique motor

vehicle or motor home and who transports a child under four

years of age anywhere in the motor vehicle, including the

cargo area, shall fasten such child securely in a child

passenger restraint system, as defined in subsection (d).

This subsection shall apply to all persons while they are

operators of motor vehicles where a seating position is

available which is equipped with a seat safety belt or other

means to secure the systems or where the seating position was

originally equipped with seat safety belts.

(1.1)  Any person who is operating a passenger car, Class

I truck, Class II truck, classic motor vehicle, antique motor

vehicle or motor home and who transports a child four years

of age or older but under eight years of age anywhere in the

motor vehicle, including the cargo area, shall fasten such

child securely in a fastened safety seat belt system and in

an appropriately fitting child booster seat, as defined in

subsection (d). This paragraph shall apply to all persons

while they are operators of motor vehicles where a seating

position is available which is equipped with a seat safety

belt or other means to secure the systems or where the

seating position was originally equipped with seat safety

belts. [A conviction under this paragraph by State or local

law enforcement agencies shall occur only as a secondary

action when a driver of a motor vehicle has been convicted of

violating any other provision of this title.]

(2)  [Except for children under eight years of age and

except as provided in paragraphs (1) and (1.1), each]

(i)  The driver [and front seat occupant] of a

passenger car, Class I truck, Class II truck or motor

home operated in this Commonwealth shall [wear] secure or

cause to be secured in a properly adjusted and fastened

safety seat belt system the driver and every vehicle

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occupant older than eight years of age and for the

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driver, if under 18 years of age, and every vehicle

occupant eight years of age or older but under 18 years

of age. [A conviction under this paragraph by State or

local law enforcement agencies shall occur only as a

secondary action when a driver of a motor vehicle has

been convicted of any other provision of this title. The

driver of a passenger automobile shall secure or cause to

be secured in a properly adjusted and fastened safety

seat belt system any occupant who is eight years of age

or older and less than 18 years of age.]

(ii)  Except for children under 18 years of age and

except as provided in paragraphs (1) and (1.1) and

subparagraph (i), each driver and front seat occupant of

a passenger car, Class I truck, Class II truck, classic

motor vehicle, antique motor vehicle or motor home

operated in this Commonwealth shall wear a properly

adjusted and fastened safety seat belt system.

(iii)  This paragraph shall not apply to:

[(i)] (A)  A driver or front seat occupant of any

vehicle manufactured before July 1, 1966.

[(ii)] (B)  A driver or front seat occupant who

possesses a written verification from a physician

that he is unable to wear a safety seat belt system

for physical or medical reasons, or from a

psychiatrist or other specialist qualified to make an

informed judgment that he is unable to wear a safety

seat belt system for psychological reasons.

[(iii)] (C)  A rural letter carrier while

operating any motor vehicle during the performance of

his duties as a United States postal service rural

letter carrier only between the first and last

delivery points.

[(iv)] (D)  A driver who makes frequent stops and

is traveling less than 15 miles per hour for the

purpose of delivering goods or services while in the

performance of his duties and only between the first

and last delivery points.

A violation of this paragraph shall not be subject to the

assessment of any points under section 1535 (relating to

schedule of convictions and points).

(3)  A driver who is under 18 years of age may not

operate a motor vehicle in which the number of passengers

exceeds the number of available safety seat belts in the

vehicle.

(b)  Offense.--Anyone who fails to comply with the provisions

of subsection (a)(1) or (1.1) shall be guilty of a summary

offense with a maximum fine of $100. The court imposing and

collecting any such fines shall transfer the fines thus

collected to the State Treasurer for deposit in the Child

Passenger Restraint Fund, pursuant to section 4582 (relating to

Child Passenger Restraint Fund). Anyone who violates subsection

(a)(2) or (3) commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of $10. No person shall

be convicted of a violation of subsection [(a)(2)] (a)(2) or (3)

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(a)(2)(ii) unless the person is also convicted of another

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violation of this title which occurred at the same time. No

costs as described in 42 Pa.C.S. § 1725.1 (relating to costs)

shall be imposed for summary conviction of subsection (a)(2) or

(3). Conviction under this subsection shall not constitute a

moving violation.

* * *

§ 6101.  Applicability and uniformity of title.

(a)  Requirement.--The provisions of this title shall be

applicable and uniform throughout this Commonwealth and in all

political subdivisions in this Commonwealth, and no local

authority shall enact or enforce any ordinance on a matter

covered by the provisions of this title unless expressly

authorized.

(b)  Sanctions.--When a court of competent jurisdiction

determines that an ordinance adopted by a local authority is in

violation of subsection (a), the local authority is subject to

the following sanctions until the local authority repeals or

substantially amends the ordinance to remove the language that

was found to be in violation of subsection (a):

(1)  Suspension of capital expenditures for bridges and

highways.

(2)  Suspension of allocation under the act of June 1,

1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels

Tax Municipal Allocation Law.

(3)  Suspension of allocation and apportionment under

section 9010(c.1) (relating to disposition and use of tax).

(c)  Suspended funds.--Upon notification that the local

authority has repealed or substantially amended the ordinance to

remove the language that was found to be in violation of

subsection (a), the department shall immediately end all

sanctions against the local authority and return all suspended

funds to the local authority.

Section 7.  Section 9010(c) introductory paragraph of Title

75 is amended and the section is amended by adding subsections 

to read:

§ 9010.  Disposition and use of tax.

* * *

(c)  Allocation of money.--[The] Except as set forth in

subsection (c.1), the county commissioners may allocate and

apportion money from the County Liquid Fuels Tax Fund to the

political subdivisions within the county in the ratio as

provided in this subsection. When the unencumbered balance in

the County Liquid Fuels Tax Fund is greater than the receipts

for the 12 months immediately preceding the date of either of

the reports, the county commissioners shall notify the political

subdivisions to make application within 90 days for

participation in the redistribution of the unencumbered balance.

Redistribution shall be effected within 120 days of the date of

either of the reports. The county commissioners may distribute

the unencumbered balance in excess of 50% of the receipts for

the previous 12 months to the political subdivisions making

application in the following manner:

* * *

(c.1)  Forfeiture.--All money allocated under subsection (c)

to a political subdivision which, under section 6109(a)

(relating to specific powers of department and local

authorities), violates section 6101(a) (relating to

applicability and uniformity of title) shall be withheld by the

county during the period of time in which the municipality is in

violation of section 6101(a).

(c.2)  Release funds.--Upon notification that the local

authority has repealed or substantially amended the ordinance to

remove the language that was found to be in violation of section

6101(a), the county shall release those funds withheld by the

county and due the local agency.

* * *

Section 8.  This act shall take effect as follows:

(1)  The amendment or addition of 75 Pa.C.S. § 9010(c)

and (c.1) shall take effect January 1, 2010.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.