S0037B0582A00517 LKK:EJH 05/09/23 #90 A00517
AMENDMENTS TO SENATE BILL NO. 37
Sponsor: SENATOR BROWN
Printer's No. 582
Amend Bill, page 1, line 4, by striking out "and" and
inserting a comma
Amend Bill, page 1, line 5, by inserting after "license"
and for schedule of convictions and points
Amend Bill, page 1, lines 7 and 8, by striking out "wireless
communications devices" and inserting
mobile device
Amend Bill, page 2, line 3, by inserting a bracket before
"wireless" where it occurs the first time
Amend Bill, page 2, line 3, by inserting after
"communications"
] mobile
Amend Bill, page 2, line 14, by striking out the bracket
before the semicolon after "vehicle"
Amend Bill, page 2, line 14, by inserting a bracket before
"or"
Amend Bill, page 2, lines 14 and 15, by striking out ",
except being " and inserting
(2.1) a device that is
Amend Bill, page 3, line 26, by inserting after "(iii)"
printed, at the department's discretion, or
Amend Bill, page 4, lines 12 through 30; page 5, lines 1
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Section 4. Sections 1535(a) and 3316 of Title 75 are amended
to read:
§ 1535. Schedule of convictions and points.
(a) General rule.--A point system for driver education and
control is hereby established which is related to other
provisions for use, suspension and revocation of the operating
privilege as specified under this title. Every driver licensed
in this Commonwealth who is convicted of any of the following
offenses shall be assessed points as of the date of violation in
accordance with the following schedule:
Section Number Offense Points
1512
Violation of restriction on
driver's license. 2
1571 Violation concerning license. 3
3102
Failure to obey policeman or
authorized person. 2
3111.1 Obedience to traffic-control
devices warning of hazardous
conditions. 2
3112(a)(3)(i)
or (ii)
Failure to stop for a red
light. 3
3114(a)(1)
Failure to stop for a flashing
red light. 3
3302
Failure to yield half of
roadway to oncoming vehicle. 3
3303 Improper passing. 3
3304 Other improper passing. 3
3305 Other improper passing. 3
3306(a)(1) Other improper passing. 4
3306(a)(2) Other improper passing. 3
3306(a)(3) Other improper passing. 3
3307 Other improper passing. 3
3310 Following too closely. 3
3316(d)(3) Text-based communications 2
3316.1(d)(3) Use of interactive mobile
device 2
3321
Failure to yield to driver on
the right at intersection. 3
3322
Failure to yield to oncoming
driver when making left turn. 3
3323(b) Failure to stop for stop sign. 3
3323(c)
Failure to yield at yield
sign. 3
3324
Failure to yield when entering
or crossing roadway between
intersections. 3
3327(a) or Duty of driver in emergency
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(a.1) response area and in relation
to disabled vehicles. 2
3332 Improper turning around. 3
3341(a)
Failure to obey signal
indicating approach of train. 2
3341(b)
Failure to comply with
crossing gate or barrier. 4
(and 30 days' suspension)
3342(b) or (e)
Failure to stop at railroad
crossings. 4
3344
Failure to stop when entering
from alley, driveway or
building. 3
3345(a)
Failure to stop for school bus
with flashing red lights. 5
(and 60 days' suspension)
3361
Driving too fast for
conditions. 2
3362
Exceeding maximum speed.--Over
Limit:
6-10 2
11-15 3
16-25 4
26-30 5
31-over 5
(and departmental hearing
and sanctions provided
under section 1538(d))
3365(b)
Exceeding special speed limit
in school zone. 3
(and 60 days' suspension
for a second or subsequent
offense)
3365(c)
Exceeding special speed limit
for trucks on downgrades. 3
3542(a)
Failure to yield to pedestrian
in crosswalk. 2
3547
Failure to yield to pedestrian
on sidewalk. 3
3549(a)
Failure to yield to blind
pedestrian. 3
3702 Improper backing. 3
3714(a) Careless driving. 3
3745
Leaving scene of accident
involving property damage
only. 4
* * *
§ 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
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write a text-based communication while the vehicle is in motion.
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).
(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 $50.
(e) Preemption of local ordinances.--In accordance with
section 6101 (relating to applicability and uniformity of
title), this section supersedes and preempts all ordinances of
any municipality with regard to the use of an interactive
wireless communications device by the driver of a motor vehicle.
(f) Definition.--As used in this section, the term "text-
based communication" means a text message, instant message,
electronic mail or other written communication composed or
received on an interactive wireless communications device.]
Except as provided in subsection (c), a driver may not engage in
texting while driving a motor vehicle.
(b) Employer.--Except as provided under subsection (c), an
employer may not permit or require a driver of the employer to
engage in texting while driving a motor vehicle.
(c) Emergency use exception.--Texting while driving shall be
permissible by a driver of a motor vehicle if necessary to
communicate with a law enforcement official or other emergency
services to prevent injury to persons or property.
(d) Penalties.-- Except as provided for in subsection (e), a
person who violates this section commits a summary offense. The
following shall apply:
(1) For a first conviction with no conviction of and no
plea of no contest accepted to a charge of violating this
section within the previous 60-month period, as measured from
the dates any previous convictions were obtained or pleas of
no contest were accepted to the date the current conviction
is obtained or plea of no contest is accepted, a fine of not
more than $150 shall be imposed.
(2) For a second conviction within a 60-month period of
time, as measured from the dates any previous convictions
were obtained or pleas of no contest were accepted to the
date the current conviction is obtained or plea of no contest
is accepted, a fine of not more than $250.
(3) For a third or subsequent conviction within a 60-
month period of time, as measured from the dates any previous
convictions were obtained or pleas of no contest were
accepted to the date the current conviction is obtained or
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plea of no contest is accepted, a fine of not more than $500,
two points and suspension of the offender's driver's license
for a period of 60 days shall be imposed.
(e) Warning period.--For the first 12 months after the
effective date of this subsection, a driver who violates
subsection (a) may only be issued a written warning for a
violation.
(f) Law enforcement education.--The department, in
consultation with the Pennsylvania State Police, shall develop
and electronically distribute education materials for law
enforcement on how to effectively detect distracted drivers,
regardless of age, sex, race or ethnicity, who violate this
section.
(g) Prohibition on similar citations.--A person may not be
charged with a violation of section 3316.1 (relating to
prohibiting use of interactive mobile device) concurrently with
a violation of subsection (a) for an offense committed at the
same time and place.
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Driving." Operating a motor vehicle on a highway, including
while the motor vehicle is temporarily stationary because of
traffic, a traffic control device or other momentary delay. The
term does not include operating a motor vehicle if the driver
moved the vehicle to the side of or off of a highway and halted
in a location where the vehicle can safely remain stationary.
"Electronic device." The term includes, but is not limited
to, a cellular telephone, personal digital assistant, pager,
computer or any other device used to input, write, send, receive
or read text or images.
"Texting." Manually entering alphanumeric text into or
reading text from an electronic device. The following shall
apply:
(1) The term includes, but is not limited to, short
message service, emailing, instant messaging, a command or
request to access an Internet web page, pressing more than a
single button to initiate or terminate a voice communication
using a mobile telephone or engaging in any other form of
electronic text retrieval or entry, for present or future
communication.
(2) The term does not include:
(i) Inputting, selecting or reading information on a
global positioning system or navigation system.
(ii) Pressing a single button to initiate or
terminate a voice communication using a mobile telephone.
(iii) Using a device capable of performing multiple
functions, including fleet management systems,
dispatching devices, citizens band radios and music
players, for a purpose that is not prohibited by this
section.
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Amend Bill, page 5, lines 22 and 23, by striking out
"wireless communications devices " and inserting
mobile device
Amend Bill, page 5, lines 24 through 30; page 6, lines 1
through 7; by striking out all of said lines on said pages and
inserting
(a) Motor vehicle.--Except as provided under subsection (c),
a driver may not use an interactive mobile device while driving
a motor vehicle.
(b) Employer.--Except as provided under subsection (c), an
employer may not permit or require a driver of the employer to
use an interactive mobile device while driving a motor vehicle.
(c) Emergency use exception.--Using an interactive mobile
device shall be permissible by a driver of a motor vehicle if
necessary to communicate with a law enforcement official or
other emergency services to prevent injury to persons or
property.
(d) Penalties.--Except as provided for in subsection (g), a
person who violates this section commits a summary offense. The
following shall apply:
Amend Bill, page 6, line 8, by striking out all of said line
and inserting
(1) For a first conviction with no conviction of and
Amend Bill, page 6, line 10, by striking out "24-month" and
inserting
60-month
Amend Bill, page 6, line 16, by striking out all of said line
and inserting
(2) For a second conviction within a 60-month
Amend Bill, page 6, line 21, by striking out "and two points
shall be imposed"
Amend Bill, page 6, lines 22 and 23, by striking out all of
line 22 and "24-month" in line 23 and inserting
(3) For a third or subsequent conviction within a 60-
month
Amend Bill, page 6, line 27, by striking out "three" and
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inserting
two
Amend Bill, page 6, lines 27 and 28, by striking out ", at
the court's discretion, "
Amend Bill, page 6, line 30; page 7, lines 1 through 30; page
8, lines 1 through 5; by striking out all of line 30 on page 6,
all of lines 1 through 30 on page 7, all of lines 1 through 4
and "(d)" in line 5 on page 8 and inserting
(e)
Amend Bill, page 8, lines 8 and 9, by striking out
"interactive wireless communications device " and inserting
interactive mobile device
Amend Bill, page 8, line 10, by striking out "(e)" and
inserting
(f)
Amend Bill, page 8, line 16, by striking out "(f)" and
inserting
(g)
Amend Bill, page 8, line 16, by striking out "six" and
inserting
12
Amend Bill, page 8, line 20, by striking out "(g)" and
inserting
(h)
Amend Bill, page 8, line 20, by striking out "No person may"
and inserting
A person may not
Amend Bill, page 8, lines 25 through 30; page 9, lines 1
through 20; by striking out all of said lines on said pages and
inserting
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(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Driving." Operating a motor vehicle on a highway, including
while the motor vehicle is temporarily stationary because of
traffic, a traffic control device or other momentary delay. The
term does not include operating a motor vehicle if the driver
moved the vehicle to the side of or off of a highway and halted
in a location where the vehicle can safely remain stationary.
"Use an interactive mobile device." As follows:
(1) Using at least one hand to hold, or supporting with
another part of the body, an interactive mobile device to
conduct a voice communication.
(2) Dialing or answering an interactive mobile device by
pressing more than a single button.
(3) Reaching for an interactive mobile device in a
manner that requires a driver to maneuver so that the driver
is no longer in a seated driving position, restrained by a
seat belt that is installed in accordance with 49 CFR 393.93
(relating to seats, seat belt assemblies, and seat belt
assembly anchorages) and adjusted in accordance with the
vehicle manufacturer's instructions.
Amend Bill, page 10, lines 3 and 4, by striking out "wireless
communications devices" and inserting
mobile device
Amend Bill, page 10, lines 26 and 27, by striking out
"wireless communications devices " and inserting
mobile device
Amend Bill, page 11, line 9, by striking out "180 days" and
inserting
12 months
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