Regular Session 2017-2018 Senate Bill 0786 P.N. 0981

PRINTER'S NO. 981

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

786

Session of

2017

INTRODUCED BY RAFFERTY, SABATINA, KILLION, YUDICHAK, COSTA,

MENSCH, VULAKOVICH, WARD, BARTOLOTTA AND REGAN, JUNE 19, 2017

REFERRED TO TRANSPORTATION, JUNE 19, 2017

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in licensing of drivers, further providing for

examination of applicant for driver's license; and, in rules

of the road in general, further providing for prohibiting

text-based communications and providing for prohibiting use

of interactive wireless communications device by novice

drivers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "interactive wireless

communications device" in section 102 of Title 75 of the

Pennsylvania Consolidated Statutes is amended and the section 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." 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 or means through which personal wireless

services are transmitted. 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 device being used exclusively for emergency

notification purposes.

* * *

"Novice driver." A driver under 18 years of age or a person

with a learner's permit.

* * *

Section 2. Section 1508 of Title 75 is amended by adding a

subsection to read:

§ 1508. Examination of applicant for driver's license.

* * *

(c.1) Distracted driving awareness.--The portion of the

examination on traffic laws shall contain at least one question

on distracted driving relating to the driver's ability to

understand the effects of distracted driving. The driver's

manual shall include a section relating to distracted driving,

the effects of distracted driving, the laws on distracted

driving and related penalties.

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* * *

Section 3. Section 3316(a), (b) and (d) of Title 75 are

amended to read:

§ 3316. Prohibiting text-based communications.

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

a highway or trafficway in this Commonwealth while using an

interactive wireless communications device to send, read or

write a text-based communication [while the vehicle is in

motion. A], unless the motor vehicle is parked on the side or

shoulder of a highway or trafficway in this Commonwealth where

the motor vehicle is safely able to remain stationary. Except

for a novice driver, a person does not send, read or write a

text-based communication when the person reads, selects or

enters a telephone number or name in an interactive wireless

communications device for the purpose of activating or

deactivating a voice communication or a telephone call.

(b) [(Reserved).] Nonapplicability.--Subsection (a) shall

not apply to a driver who:

(1) uses an interactive wireless communications device

to contact emergency services;

(2) is emergency services personnel and uses an

interactive wireless communications device while:

(i) is operating an emergency services vehicle; and

(ii) is engaged in the performance of the duties as

an emergency service personnel; or

(3) is employed as a commercial motor vehicle driver or

a school bus driver who within the scope of the individual's

employment uses an interactive wireless communications device

if the use is permitted under regulations promulgated under

49 U.S.C. § 31136 (relating to United States Government

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regulations).

* * *

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

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

a fine of [$50.] $100 for the first offense and $200 for a

second or subsequent offense.

* * *

Section 4. Title 75 is amended by adding a section to read:

§ 3317. Prohibiting use of interactive wireless communications

device by novice drivers.

(a) Prohibition.--A novice driver may not operate a motor

vehicle on a highway or trafficway in this Commonwealth while

using an interactive wireless communications device, unless the

motor vehicle is parked on the side or shoulder of a highway or

trafficway in this Commonwealth where the motor vehicle is

safely able to remain stationary.

(b) 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.

novice driver who:

(1) uses an interactive wireless communications device

to contact emergency services;

(2) is emergency services personnel and uses an

interactive wireless communications device while:

(i) is operating an emergency services vehicle; and

(ii) engaged in the performance of the duties as an

emergency service personnel; or

(3) is employed as a commercial motor vehicle driver or

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a school bus driver who within the scope of the individual's

employment uses an interactive wireless communications device

if the use is permitted under regulations promulgated under

49 U.S.C. § 31136 (relating to United States government

regulations).

(d) Penalty.--A novice driver who violates subsection (a)

commits a summary offense and shall, upon conviction, be

sentenced to pay a fine of $100 for the first offense and $200

for a second or subsequent offense.

Section 5. This act shall take effect in 60 days.

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