HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 291, 1208, 1287, 1295, 1410, 1696

PRINTER'S NO.  1724

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

314

Session of

2011

  

  

INTRODUCED BY TOMLINSON, McILHINNEY, ALLOWAY, WAUGH, ERICKSON, FONTANA, BOSCOLA, STACK, EARLL, RAFFERTY, WILLIAMS, M. WHITE, LEACH, CORMAN, MENSCH, YUDICHAK, BREWSTER, PILEGGI, WASHINGTON AND GREENLEAF, JANUARY 28, 2011

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 26, 2011   

  

  

  

AN ACT

  

1

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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2

Statutes, defining "interactive wireless communications

3

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

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4

for suspension of operating privilege; providing for

5

prohibiting use of interactive wireless communications

6

devices while operating motor vehicles; and further providing

7

for duty of driver in construction and maintenance areas or

8

on highway safety corridors, for duty of driver in emergency

9

response areas, for accident report forms, for department to

10

compile, tabulate and analyze accident reports, for

11

television equipment and for restraint systems, for

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12

applicability and uniformity of law and for disposition and

13

use of liquid fuels and fuels tax.

14

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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15

Statutes, defining "interactive wireless communications

16

device"; and prohibiting use of interactive wireless

17

communications devices for text-based communications while

18

operating motor vehicles.

19

The General Assembly of the Commonwealth of Pennsylvania

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20

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

21

passengers a junior driver may transport in a motor vehicle at

22

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

23

Gallagher.

 


1

The General Assembly of the Commonwealth of Pennsylvania

2

hereby enacts as follows:

3

Section 1.  Section 102 of Title 75 of the Pennsylvania

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4

Consolidated Statutes is amended by adding a definition to read:

5

§ 102.  Definitions.

6

Subject to additional definitions contained in subsequent

7

provisions of this title which are applicable to specific

8

provisions of this title, the following words and phrases when

9

used in this title shall have, unless the context clearly

10

indicates otherwise, the meanings given to them in this section:

11

* * *

12

"Interactive wireless communications device."  A wireless

13

telephone, personal digital assistant, smart phone, portable or

14

mobile computer or similar device which can be used for voice

15

communication, texting, e-mailing, browsing the Internet or

16

instant messaging. The term does not include any of the

17

following:

18

(1)  a device being used exclusively as a global

19

positioning or navigation system;

20

(2)  a system or device that is physically or

21

electronically integrated into the vehicle; or

22

(3)  a communications device that is affixed to a mass

23

transit vehicle, bus or school bus.

24

* * *

25

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

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26

amended to read:

27

§ 1503.  Persons ineligible for licensing; license issuance to

28

minors; junior driver's license.

29

* * *

30

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

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1

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

2

rules and regulations adopted by the department and subject to

3

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

4

automatically become a regular driver's license when the junior

5

driver attains 18 years of age.

6

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

7

junior driver shall drive a vehicle upon a public highway

8

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

9

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

10

(2)  A licensed junior driver conforming to the

11

requirements of section 1507 (relating to application for

12

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

13

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

14

between the junior driver's home and activity or employment

15

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

16

employment if the junior driver is a member of a volunteer

17

fire company authorized by the fire chief to engage in

18

fighting fires, is engaged in public or charitable service or

19

is employed and is carrying an affidavit or certificate of

20

authorization signed by the junior driver's fire chief,

21

supervisor or employer indicating the probable schedule of

22

the junior driver's activities. Upon termination of the

23

junior driver's activity or employment, the junior driver

24

shall surrender the affidavit or certificate to the fire

25

chief, supervisor or employer. If the junior driver shall

26

fail to surrender the affidavit or certificate, the employer,

27

fire chief or supervisor shall immediately notify the

28

Pennsylvania State Police.

29

(2.1)  For the first six months after issuance of the

30

junior driver's license, a junior driver shall not drive a

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1

vehicle with more than one passenger under 18 years of age

2

who is not a member of the driver's immediate family unless

3

the junior driver is accompanied by a parent or legal

4

guardian. After the expiration of the first six months, a

5

junior driver shall not drive a vehicle with more than three

6

passengers under 18 years of age who are not members of the

7

driver's immediate family unless the junior driver is

8

accompanied by a parent or legal guardian. A junior driver

9

shall not drive a vehicle with more than one passenger under

10

18 years of age who is not a member of the driver's immediate

11

family unless the junior driver is accompanied by a parent or

12

legal guardian if the junior driver has been involved in an

13

accident reportable under section 3746(a) (relating to

14

immediate notice of accident to police department) for which

15

the junior driver is partially or fully responsible in the

16

opinion of the department or has been convicted of any

17

violation of this title. For purposes of this subsection, a

18

junior driver's immediate family shall include brothers,

19

sisters, stepbrothers or stepsisters of the driver, including

20

adopted or foster children residing in the same household as

21

the junior driver.

22

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

23

relating to the suspension or revocation of operating

24

privileges, in the event that a licensed junior driver is

25

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

26

which the junior driver is partially or fully responsible in

27

the opinion of the department or is convicted of any

28

violation of this title, the department may suspend the

29

operating privileges of the junior driver until the junior

30

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

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1

exceeding 90 days.

2

(4)  Any junior driver or other person violating any

3

provision of this subsection is guilty of a summary offense.

4

§ 1538.  School, examination or hearing on accumulation of

5

points or excessive speeding.

6

* * *

7

(e)  Additional suspension of operating privilege.--

8

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

9

to the suspension or revocation of operating privileges, a

10

person's operating privileges shall be suspended under any of

11

the following circumstances:

12

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

13

section 3362 (relating to maximum speed limits) by

14

traveling 26 miles per hour or more over the posted speed

15

limit and the violation results in a conviction, guilty

16

plea or plea of no contest before or after the person

17

reaches age 18.

18

(ii)  The person accumulates six or more points under

19

the provisions of section 1535 (relating to schedule of

20

convictions and points) and the violations resulting in

21

points accumulation were committed before the person

22

reached age 18.

23

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

24

for a period of 90 days with every subsequent suspension

25

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

26

Suspensions under paragraph (1) shall be imposed

27

consecutively to each other and to any other suspension. A

28

suspension under paragraph (1) shall be considered a

29

subsequent suspension even if it is imposed contemporaneously

30

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

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1

suspension under this paragraph shall be in lieu of a

2

suspension under subsection (d)(1).

3

(3)  An insurer shall treat a suspension of a person

4

under this subsection the same as a person over 18 years of

5

age for a similar violation for the purpose of automobile

6

insurance and may not increase premiums, impose any surcharge

7

or rate penalty or make any driver record point assignment

8

for automobile insurance in a manner different from that of a

9

person over 18 years of age.

10

Section 3 2.  Title 75 is amended by adding a section to

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11

read:

12

§ 3316.  Prohibiting use of interactive wireless communications

13

devices.

14

(a)  Prohibition.--

15

(1)  Except as otherwise provided under subsection (b),

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16

no person shall drive a motor vehicle upon a roadway or

17

trafficway in this Commonwealth while using an interactive

18

wireless communications device for a purpose other than:

19

(i)  voice communication through the use of an

20

interactive wireless communications device while in

21

hands-free mode;

22

(ii)  reading, selecting or entering a telephone

23

number or name into an interactive wireless

24

communications device for the purpose of voice

25

communication while in hands-free mode; or

26

(iii)  activating or deactivating an interactive

27

wireless communications device for the purpose of voice

28

communication while in hands-free mode.

29

(2)  No person with a learner's permit or junior driver's

30

license shall drive a motor vehicle upon a roadway or

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1

trafficway in this Commonwealth while using an interactive

2

wireless communications device.

3

(3)  A conviction or detainment under this subsection by

4

State or local law enforcement agencies for using an

5

interactive wireless communications device for voice

6

communication shall occur only as a secondary action when a

7

driver of a motor vehicle has been detained or convicted of

8

any other provision of this title.

9

(4)  State and local law enforcement agencies shall

10

enforce the use of an interactive wireless communications

11

device for texting, e-mailing, browsing the Internet or

12

instant messaging as a primary action.

13

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

14

(1)  Persons who use an interactive wireless

15

communications device to contact a 511 service or 911 system 

16

or wireless E-911 service, as defined in the act of July 9,

17

1990 (P.L.340, No.78), known as the Public Safety Emergency

18

Telephone Act.

19

(2)  Persons who use an interactive wireless

20

communications device when the vehicle is stopped due to

21

traffic obstruction and the motor vehicle transmission is in

22

neutral or park.

23

(3)  Operators of emergency vehicles who use an

24

interactive wireless communications device for voice

25

communication for the purpose of responding to an emergency

26

while engaged in the performance of their official duties.

27

(4)  Volunteer emergency responders who use an

28

interactive wireless communications device for voice

29

communication for the purpose of responding to an emergency

30

while engaged in the performance of their official duties.

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1

(5)  Amateur radio operators who use an interactive

2

wireless communications device for voice communication.

3

(6)  Coroners or deputy coroners who use an interactive

4

wireless communications device for voice communication while

5

engaged in the performance of their official duties.

6

(c)  Seizure.--The provisions of this section shall not be

7

construed as authorizing the seizure or forfeiture of an

8

interactive wireless communications device, unless otherwise

9

provided by law.

10

(d)  Penalty.--Any person who violates subsection (a)(1) and

11

(2) commits a summary offense and shall, upon conviction, be

12

sentenced to pay a fine of $100. A violation of subsection (a)

13

(1) and (2) shall not result in the accumulation of points under

14

this title.

15

(e)  Definitions.--As used in this section, the following

16

words and phrases shall have the meanings given to them in this

17

subsection:

18

"Hands-free mode."  The use of an interactive wireless

19

communications device that allows the user to engage in

20

communication without the use of either hand by means of an

21

internal feature or function or an attachment or device.

22

"Volunteer emergency responder."  Any of the following:

23

(1)  a member of a volunteer ambulance service as defined

24

in 35 Pa.C.S. § 7802 (relating to definitions);

25

(2)  a member of a volunteer fire company as defined in

26

35 Pa.C.S. § 7802; or

27

(3)  a member of a volunteer rescue company as defined in

28

35 Pa.C.S. § 7802.

29

(1)  No driver shall operate a motor vehicle on a highway

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30

or trafficway in this Commonwealth while using an interactive

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1

wireless communications device to send, read or write a text-

2

based communication. A person does not send, read or write a

3

text-based communication when reading, selecting or entering

4

a telephone number or name in an interactive wireless

5

communications device for the purpose of activating or

6

deactivating a voice communication.

7

(2)  No driver with a learner's permit or junior driver's

8

license shall operate a motor vehicle on a highway or

9

trafficway in this Commonwealth while using an interactive

10

wireless communications device.

11

(3)  A conviction under this subsection by State or local

12

law enforcement agencies shall occur only as a secondary

13

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

14

any other provision of this title.

15

(b)  Exceptions.--Subsection (a) shall not apply to:

16

(1)  persons who use an interactive wireless

17

communications device to contact a 511 service or 911 system

18

to report an accident or an emergency;

19

(2)  operators of emergency vehicles while engaged in the

20

performance of official duties;

21

(3)  operators of public passenger transportation, as

22

defined by 74 Pa.C.S. § 1503 (relating to definitions), while

23

engaged in the performance of official duties; or

24

(4)  persons who use an interactive wireless

25

communications device when the vehicle is stopped at an

26

intersection or due to obstruction and the transmission is in

27

neutral or park.

28

(c)  Seizure.--The provisions of this section shall not be

29

construed as authorizing the seizure or forfeiture of an

30

interactive wireless communications device, unless otherwise

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1

provided by law.

2

(d)  Penalty.--A person who violates subsection (a) commits a

3

summary offense and shall, upon conviction, be sentenced to pay

4

a fine of $50.

5

(e)  Preemption of local ordinances.--In accordance with

6

section 6101 (relating to applicability and uniformity of

7

title), this section supersedes and preempts all ordinances of

8

any municipality with regard to the use of an interactive

9

wireless communications device by the driver of a motor vehicle.

10

(f)  Definitions.--As used in this section, the following

11

words and phrases shall have the meanings given to them in this

12

subsection:

13

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

14

dialing to access an intelligent transportation system traveler

15

information service provided in this Commonwealth in accordance

16

with the Federal Communications Commission and the United States

17

Department of Transportation.

18

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

19

or in part within this Commonwealth authorized by law to provide

20

emergency telephone service to access firefighting, law

21

enforcement, ambulance, emergency medical or other emergency

22

services.

23

"Text-based communication."  A text message, instant message,

24

electronic mail or other written communication composed or

25

received on an interactive wireless communications device.

26

Section 4 3.  Sections 3326(c), 3327(e) and 3752(a) of Title

<--

27

75 are amended to read:

28

§ 3326.  Duty of driver in construction and maintenance areas or

29

on highway safety corridors.

30

* * *

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1

(c)  Fines to be doubled.--For any of the following

2

violations, when committed in an active work zone manned by

3

workers acting in their official capacity or on a highway safety

4

corridor designated under section 6105.1 (relating to

5

designation of highway safety corridors), the fine shall be

6

double the usual amount:

7

Section 3102 (relating to obedience to authorized persons

8

directing traffic).

9

Section 3111 (relating to obedience to traffic-control

10

devices).

11

Section 3112 (relating to traffic-control signals).

12

Section 3114 (relating to flashing signals).

13

Section 3302 (relating to meeting vehicle proceeding in

14

opposite direction).

15

Section 3303 (relating to overtaking vehicle on the left).

16

Section 3304 (relating to overtaking vehicle on the right).

17

Section 3305 (relating to limitations on overtaking on the

18

left).

19

Section 3306 (relating to limitations on driving on left side

20

of roadway).

21

Section 3307 (relating to no-passing zones).

22

Section 3309 (relating to driving on roadways laned for

23

traffic).

24

Section 3310 (relating to following too closely).

25

Section 3316 (relating to prohibiting interactive wireless

26

communications devices).

27

Section 3323 (relating to stop signs and yield signs).

28

Section 3326 (relating to duty of driver in construction and

29

maintenance areas or on highway safety corridors).

30

Section 3361 (relating to driving vehicle at safe speed).

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1

Section 3362 (relating to maximum speed limits).

2

Section 3702 (relating to limitations on backing).

3

Section 3714 (relating to careless driving).

4

Section 3736 (relating to reckless driving).

5

Section 3802 (relating to driving under influence of alcohol

6

or controlled substance).

7

* * *

8

§ 3327.  Duty of driver in emergency response areas.

9

* * *

10

(e)  Fines to be doubled.--In addition to any penalty as

11

provided in subsection (b), the fine for any of the following

12

violations when committed in an emergency response area manned

13

by emergency service responders shall be double the usual

14

amount:

15

Section 3102 (relating to obedience to authorized persons

16

directing traffic).

17

Section 3111 (relating to obedience to traffic-control

18

devices).

19

Section 3114 (relating to flashing signals).

20

Section 3302 (relating to meeting vehicle proceeding in

21

opposite direction).

22

Section 3303 (relating to overtaking vehicle on the left).

23

Section 3304 (relating to overtaking vehicle on the right).

24

Section 3305 (relating to limitations on overtaking on the

25

left).

26

Section 3306 (relating to limitations on driving on left side

27

of roadway).

28

Section 3307 (relating to no-passing zones).

29

Section 3310 (relating to following too closely).

30

Section 3312 (relating to limited access highway entrances

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1

and exits).

2

Section 3316 (relating to prohibiting interactive wireless

3

communications devices).

4

Section 3323 (relating to stop signs and yield signs).

5

Section 3325 (relating to duty of driver on approach of

6

emergency vehicle).

7

Section 3361 (relating to driving vehicle at safe speed).

8

Section 3707 (relating to driving or stopping close to fire

9

apparatus).

10

Section 3710 (relating to stopping at intersection or

11

crossing to prevent obstruction).

12

Section 3714 (relating to careless driving).

13

Section 3736 (relating to reckless driving).

14

Section 3802 (relating to driving under influence of alcohol

15

or controlled substance).

16

* * *

17

§ 3752.  Accident report forms.

18

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

19

request supply to all law enforcement agencies and other

20

appropriate agencies or individuals, forms for written accident

21

reports as required in this subchapter suitable with respect to

22

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

23

served. The written report forms shall call for sufficiently

24

detailed information to disclose with reference to a vehicle

25

accident the cause, conditions then existing and the persons and

26

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

27

vehicle was using an interactive wireless communications device

28

when the accident occurred, and such other information as the

29

department may require. Reports for use by the drivers and

30

owners shall also provide for information relating to financial

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1

responsibility.

2

* * *

3

Section 5 4.  Section 3753 of Title 75 is amended by adding a

<--

4

subsection to read:

5

§ 3753.  Department to compile, tabulate and analyze accident

6

reports.

7

* * *

8

(b.1)  Certain reports.--The department shall annually

9

compile and make available to the public information submitted

10

on an accident report concerning interactive wireless

11

communications devices in motor vehicles involved in traffic

12

accidents. The report shall note whether the driver of the motor

13

vehicle was using an interactive wireless communications device

14

when the accident occurred. The department shall biannually

15

compile and make available to the public information submitted

16

on an accident report concerning junior drivers with multiple

17

passengers under 18 years of age and the use of seat belts by

18

drivers and passengers under 18 years of age in motor vehicles

19

involved in traffic accidents. The report shall note the number

20

of passengers under 18 years of age if the driver involved in

21

the accident was a junior driver and whether drivers and

22

passengers under 18 years of age utilized a safety belt system.

23

The data shall be included in a report submitted to the

24

Transportation Committee of the Senate and the Transportation

25

Committee of the House of Representatives.

26

* * *

27

Section 6 5.  Sections 4527 and 4581(a) and (b) 6101 of Title

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28

75 are amended to read:

29

§ 4527.  [Television] Video receiving equipment.

30

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

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1

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

2

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

3

display device, video receiving equipment, including a receiver,

4

a video monitor or a television or video screen capable of

5

displaying a television broadcast or video signal that produces

6

entertainment or business applications or similar equipment

7

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

8

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

9

visible, directly or indirectly, to the driver while operating

10

the motor vehicle.

11

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

12

install in a motor vehicle an image display device intended to

13

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

14

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

15

system adjusted in accordance with the manufacturer's

16

recommendations.

17

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

18

following:

19

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

20

devices in a vehicle used exclusively for safety or law

21

enforcement purposes as approved by the Pennsylvania State

22

Police.

23

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

24

conjunction with in-vehicle navigation systems, related

25

traffic, road and weather information.

26

(3)  Image display devices that provide vehicle

27

information related to the driving task or to enhance or

28

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

29

of the motor vehicle or permit the driver to monitor vehicle

30

occupants behind the driver.

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1

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

2

the driver while the vehicle is in motion.

3

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

4

vehicle is parked.

5

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

6

display device" means equipment capable of displaying to the

7

driver of the motor vehicle:

8

(1)  a broadcast television image; or

9

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

10

video disc or other storage device.

11

§ 4581.  Restraint systems.

<--

12

(a)  Occupant protection.--

13

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

14

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

15

vehicle or motor home and who transports a child under four

16

years of age anywhere in the motor vehicle, including the

17

cargo area, shall fasten such child securely in a child

18

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

19

This subsection shall apply to all persons while they are

20

operators of motor vehicles where a seating position is

21

available which is equipped with a seat safety belt or other

22

means to secure the systems or where the seating position was

23

originally equipped with seat safety belts.

24

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

25

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

26

vehicle or motor home and who transports a child four years

27

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

28

motor vehicle, including the cargo area, shall fasten such

29

child securely in a fastened safety seat belt system and in

30

an appropriately fitting child booster seat, as defined in

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1

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

2

while they are operators of motor vehicles where a seating

3

position is available which is equipped with a seat safety

4

belt or other means to secure the systems or where the

5

seating position was originally equipped with seat safety

6

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

7

law enforcement agencies shall occur only as a secondary

8

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

9

violating any other provision of this title.]

10

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

11

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

12

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

13

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

14

home operated in this Commonwealth shall [wear] secure or

15

cause to be secured in a properly adjusted and fastened

16

safety seat belt system for the driver, if under 18 years

17

of age, and every vehicle occupant eight years of age or

18

older but under 18 years of age. [A conviction under this

19

paragraph by State or local law enforcement agencies

20

shall occur only as a secondary action when a driver of a

21

motor vehicle has been convicted of any other provision

22

of this title. The driver of a passenger automobile shall

23

secure or cause to be secured in a properly adjusted and

24

fastened safety seat belt system any occupant who is

25

eight years of age or older and less than 18 years of

26

age.]

27

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

28

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

29

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

30

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

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1

motor vehicle, antique motor vehicle or motor home

2

operated in this Commonwealth shall wear a properly

3

adjusted and fastened safety seat belt system.

4

(iii)  This paragraph shall not apply to:

5

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

6

vehicle manufactured before July 1, 1966.

7

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

8

possesses a written verification from a physician

9

that he is unable to wear a safety seat belt system

10

for physical or medical reasons, or from a

11

psychiatrist or other specialist qualified to make an

12

informed judgment that he is unable to wear a safety

13

seat belt system for psychological reasons.

14

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

15

operating any motor vehicle during the performance of

16

his duties as a United States postal service rural

17

letter carrier only between the first and last

18

delivery points.

19

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

20

is traveling less than 15 miles per hour for the

21

purpose of delivering goods or services while in the

22

performance of his duties and only between the first

23

and last delivery points.

24

A violation of this paragraph shall not be subject to the

25

assessment of any points under section 1535 (relating to

26

schedule of convictions and points).

27

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

28

operate a motor vehicle in which the number of passengers

29

exceeds the number of available safety seat belts in the

30

vehicle.

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1

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

2

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

3

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

4

collecting any such fines shall transfer the fines thus

5

collected to the State Treasurer for deposit in the Child

6

Passenger Restraint Fund, pursuant to section 4582 (relating to

7

Child Passenger Restraint Fund). Anyone who violates subsection

8

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

9

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

10

be convicted of a violation of subsection (a)(2)(ii) unless the

11

person is also convicted of another violation of this title

12

which occurred at the same time. No costs as described in 42

13

Pa.C.S. § 1725.1 (relating to costs) shall be imposed for

14

summary conviction of subsection (a)(2) or (3). Conviction under

15

this subsection shall not constitute a moving violation.

16

* * *

17

§ 6101.  Applicability and uniformity of title.

<--

18

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

19

applicable and uniform throughout this Commonwealth and in all

20

political subdivisions in this Commonwealth, and no local

21

authority shall enact or enforce any ordinance on a matter

22

covered by the provisions of this title unless expressly

23

authorized.

24

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

25

determines and notifies the department that an ordinance adopted

26

by a local authority is in violation of subsection (a),

27

commencing 40 days following entry of a final order, unless an

28

appeal has been timely filed with a court of record, the

29

following sanctions apply until the local authority repeals or

30

substantially amends the ordinance to remove the language that

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1

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

2

(1)  Suspension of unobligated capital expenditures for

3

bridges and highways.

4

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

5

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

6

Tax Municipal Allocation Law.

7

(3)  Suspension of allocation and apportionment under

8

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

9

(4)  Suspension of expenditures from the special fund

10

into which allocations under the act of June 1, 1956 (1955

11

P.L.1944, No.655), referred to as the Liquid Fuels Tax

12

Municipal Allocation Law, are deposited, unless a contract

13

for the work that is the subject of the expenditure has been

14

fully executed or the moneys have been otherwise obligated.

15

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

16

authority has repealed or substantially amended the ordinance to

17

remove the language that was found to be in violation of

18

subsection (a), the department shall immediately end all

19

sanctions against the local authority and return all suspended

20

funds to the local authority.

21

Section 6.  Section 9010(c) introductory paragraph of Title

22

75 is amended and the section is amended by adding subsections 

23

to read:

24

§ 9010.  Disposition and use of tax.

25

* * *

26

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

27

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

28

apportion money from the County Liquid Fuels Tax Fund to the

29

political subdivisions within the county in the ratio as

30

provided in this subsection. When the unencumbered balance in

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1

the County Liquid Fuels Tax Fund is greater than the receipts

2

for the 12 months immediately preceding the date of either of

3

the reports, the county commissioners shall notify the political

4

subdivisions to make application within 90 days for

5

participation in the redistribution of the unencumbered balance.

6

Redistribution shall be effected within 120 days of the date of

7

either of the reports. The county commissioners may distribute

8

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

9

the previous 12 months to the political subdivisions making

10

application in the following manner:

11

* * *

12

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

13

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

14

(relating to specific powers of department and local

15

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

16

applicability and uniformity of title) shall be withheld by the

17

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

18

violation of section 6101(a).

19

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

20

authority has repealed or substantially amended the ordinance to

21

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

22

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

23

county and due the local agency.

24

* * *

25

Section 7.  This act shall take effect in 60 days as follows:

<--

26

(1)  The amendment or addition of 75 Pa.C.S. §§ 6101 and

27

9101(c) introductory paragraph and (c.1) shall take effect in

28

60 days.

29

(2)  This section shall take effect immediately.

30

(3)  The remainder of this act shall take effect in 120

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1

days.

2

Section 1.  Section 102 of Title 75 of the Pennsylvania

<--

3

Consolidated Statutes is amended by adding a definition to read:

4

§ 102.  Definitions.

5

Subject to additional definitions contained in subsequent

6

provisions of this title which are applicable to specific

7

provisions of this title, the following words and phrases when

8

used in this title shall have, unless the context clearly

9

indicates otherwise, the meanings given to them in this section:

10

* * *

11

"Interactive wireless communications device."  A wireless

12

telephone, personal digital assistant, smart phone, portable or

13

mobile computer or similar device which can be used for voice

14

communication, texting, e-mailing, browsing the Internet or

15

instant messaging. The term does not include any of the

16

following:

17

(1)  a device being used exclusively as a global

18

positioning or navigation system;

19

(2)  a system or device that is physically or

20

electronically integrated into the vehicle; or

21

(3)  a communications device that is affixed to a mass

22

transit vehicle, bus or school bus.

23

* * *

24

Section 2.  Title 75 is amended by adding a section to read:

25

§ 3316.  Prohibiting text-based communications.

26

(a)  Prohibition.--No driver shall operate a motor vehicle on

27

a highway or trafficway in this Commonwealth while using an

28

interactive wireless communications device to send, read or

29

write a text-based communication while the vehicle is in motion.

30

A person does not send, read or write a text-based communication

- 22 -

 


1

when the person reads, selects or enters a telephone number or

2

name in an interactive wireless communications device for the

3

purpose of activating or deactivating a voice communication or a

4

telephone call.

5

(b)  Secondary action.--A conviction under this subsection by

<--

6

State or local law enforcement agencies shall occur only as a

7

secondary action when a driver of a motor vehicle has been

8

convicted of any other provision of this title (Reserved).

<--

9

(c)  Seizure.--The provisions of this section shall not be

10

construed as authorizing the seizure or forfeiture of an

11

interactive wireless communications device, unless otherwise

12

provided by law.

13

(d)  Penalty.--A person who violates subsection (a) commits a

14

summary offense and shall, upon conviction, be sentenced to pay

15

a fine of $50.

16

(e)  Preemption of local ordinances.--In accordance with

17

section 6101 (relating to applicability and uniformity of

18

title), this section supersedes and preempts all ordinances of

19

any municipality with regard to the use of an interactive

20

wireless communications device by the driver of a motor vehicle.

21

(f)  Definition.--As used in this section, the term "text-

22

based communication" means a text message, instant message,

23

electronic mail or other written communication composed or

24

received on an interactive wireless communications device.

25

Section 3.  This act shall take effect in 120 days.

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