S1312B2087A07941 BIL:NLH 06/21/14 #90 A07941

 

 

 

 

AMENDMENTS TO SENATE BILL NO. 1312

Sponsor: REPRESENTATIVE MARSICO

Printer's No. 2087

 

1Amend Bill, page 1, line 2, by inserting after "Statutes,"

2 in general provisions, further providing for definitions; in 
3commercial drivers, further providing for definitions, and 
4providing for texting while driving and for handheld mobile 
5telephone;

6Amend Bill, page 1, line 3, by striking out "and,"

7Amend Bill, page 1, line 7, by inserting after 
8"undercarriage"

9; and making an editorial change

10Amend Bill, page 1, lines 12 and 13, by striking out all of
11said lines and inserting

12Section 1. Section 102 of Title 75 of the Pennsylvania
13Consolidated Statutes is amended by adding a definition to read:

14§ 102. Definitions.

15Subject to additional definitions contained in subsequent
16provisions of this title which are applicable to specific
17provisions of this title, the following words and phrases when
18used in this title shall have, unless the context clearly
19indicates otherwise, the meanings given to them in this section:

20* * *

21"Manufactured home." A manufactured home as defined in
22section 603(6) of the National Manufactured Housing Construction
23and Safety Standards Act of 1974 (Public Law 93-383, 42 U.S.C.
24§ 5402(6)). The term includes a mobile home.

25* * *

26Section 2. Paragraph (4) of the definition of "serious 
27traffic violation" in section 1603 of Title 75 is amended to 
28read:

29§ 1603. Definitions.

30The following words and phrases when used in this chapter
31shall have the meanings given to them in this section unless the
32context clearly indicates otherwise:

33* * *

1"Serious traffic violation."

2* * *

3(4) Any violation of section 1606(a) (relating to
4requirement for commercial driver's license), 1621(a) 
5(relating to texting while driving), 1622(a) (relating to 
6handheld mobile telephone), 3305 (relating to limitations on
7overtaking on left), 3306 (relating to limitations on driving
8on left side of roadway), 3307 (relating to no-passing
9zones), 3309(1), (2) or (4) (relating to driving on roadways
10laned for traffic), 3310 (relating to following too closely),
113326 (relating to duty of driver in construction and
12maintenance areas or on highway safety corridors) or 3365(c)
13(relating to special speed limitations).

14* * *

15Section 3. Title 75 is amended by adding sections to read:

16§ 1621. Texting while driving.

17(a) Prohibition.--Except as provided under subsection (c), a
18driver may not engage in texting while driving a commercial
19motor vehicle or motor carrier vehicle.

20(b) Employer.--Except as provided under subsection (c), an
21employer may not permit or require a driver of the employer to
22engage in texting while driving a commercial motor vehicle or
23motor carrier vehicle.

24(c) Emergency use exception.--Texting while driving shall be
25permissible by a driver of a commercial motor vehicle or motor
26carrier vehicle if necessary to communicate with a law
27enforcement official or other emergency service.

28(d) Penalties.--

29(1) A person who violates subsection (a) commits a
30summary offense and shall, upon conviction, be sentenced to
31pay a fine of $100.

32(2) A person who violates subsection (b) commits a
33summary offense and shall, upon conviction, be sentenced to
34pay a fine of $500.

35(e) Definitions.--As used in this section, the following
36words and phrases shall have the meanings given to them in this
37subsection:

38"Driving." Operating a commercial motor vehicle or motor
39carrier vehicle on a highway, with the motor running, including
40while the commercial motor vehicle or motor carrier vehicle is
41temporarily stationary because of traffic, a traffic control
42device or other momentary delay. The term does not include
43operating a commercial motor vehicle or motor carrier vehicle
44with or without the motor running if the driver moved the
45vehicle to the side of or off of a highway and halted in a
46location where the vehicle can safely remain stationary.

47"Electronic device." An electronic device includes, but is
48not limited to, a cellular telephone, personal digital
49assistant, pager, computer or any other device used to input,
50write, send, receive or read text.

51"Texting." Manually entering alphanumeric text into, or

1reading text from, an electronic device. The following shall
2apply:

3(1) The term includes, but is not limited to, short
4message service, e-mailing, instant messaging, a command or
5request to access an Internet web page, pressing more than a
6single button to initiate or terminate a voice communication
7using a mobile telephone or engaging in any other form of
8electronic text retrieval or entry, for present or future
9communication.

10(2) The term does not include:

11(i) Inputting, selecting or reading information on a
12global positioning system or navigation system.

13(ii) Pressing a single button to initiate or
14terminate a voice communication using a mobile telephone.

15(iii) Using a device capable of performing multiple
16functions, including, but not limited to, fleet
17management systems, dispatching devices, citizens band
18radios and music players, for a purpose that is not
19prohibited by this section.

20§ 1622. Handheld mobile telephone.

21(a) Commercial motor vehicle.-- Except as provided under
22subsection (c), a driver may not use a handheld mobile telephone
23while driving a commercial motor vehicle or motor carrier
24vehicle.

25(b) Employer.--Except as provided under subsection (c), an
26employer may not permit or require a driver of the employer to
27use a handheld mobile telephone while driving a commercial motor
28vehicle or a motor carrier vehicle.

29(c) Emergency use exception.--Using a handheld mobile
30telephone shall be permissible by a driver of a commercial motor
31vehicle or motor carrier vehicle if necessary to communicate
32with a law enforcement official or other emergency service.

33(d) Penalties.--

34(1) A person who violates subsection (a) commits a
35summary offense and shall, upon conviction, be sentenced to
36pay a fine of $100.

37(2) A person who violates subsection (b) commits a
38summary offense and shall, upon conviction, be sentenced to
39pay a fine of $500.

40(e) Definitions.--As used in this section, the following
41words and phrases shall have the meanings given to them in this
42subsection:

43"Driving." Operating a commercial motor vehicle or motor
44carrier vehicle on a highway, with the motor running, including
45while the commercial motor vehicle or motor carrier vehicle is
46temporarily stationary because of traffic, a traffic control
47device or other momentary delay. The term does not include
48operating a commercial motor vehicle or motor carrier vehicle
49with or without the motor running if the driver moved the
50vehicle to the side of or off of a highway and halted in a
51location where the vehicle can safely remain stationary.

1"Mobile telephone." A mobile communication device which uses
2a commercial mobile radio service, as defined in 47 CFR § 20.3
3(relating to definitions). The term does not include two-way or
4Citizens Band Radio services.

5"Use a handheld mobile telephone." As follows:

6(1) Using at least one hand to hold a mobile telephone
7to conduct a voice communication.

8(2) Dialing or answering a mobile telephone by pressing
9more than a single button.

10(3) Reaching for a mobile telephone in a manner that
11requires a driver to maneuver so that the driver is no longer
12in a seated driving position, restrained by a seat belt that
13is installed in accordance with 49 CFR § 393.93 (relating to
14seats, seat belt assemblies, and seat belt assembly
15anchorages) and adjusted in accordance with the vehicle
16manufacturer's instructions.

17Section 4. Section 1944 of Title 75, amended November 25,
182013 (P.L.974, No.89), is amended to read:

19§ 1944. Mobile homes, modular housing units and modular housing
20undercarriages.

21The fee for a special hauling permit for a mobile home, 
22modular housing unit or modular housing undercarriage which 
23exceeds the maximum size prescribed in this title but which does 
24not exceed 14 feet in body width shall be $39. The fee for a 
25special hauling permit for a mobile home or modular housing 
26unit, as provided in section 4973 (relating to permits for 
27movement of a mobile home, a manufactured home or a modular 
28housing unit and modular housing undercarriage), shall be $76.

29Section 5. Sections 3742(b) and 4923(a) of Title 75 are
30amended to read:

31Amend Bill, page 3, line 11, by striking out "2" and 
32inserting

33 6

34Amend Bill, page 3, line 30, by striking out "traffic" where 
35it occurs the second time and inserting

36 traffic-control

37Amend Bill, page 4, line 4, by inserting after "home"

38, a manufactured home

39Amend Bill, page 4, line 13, by inserting after "not"

40 cause the overall weight to exceed 80,000 pounds or

41Amend Bill, page 4, line 16, by striking out all of said line
42and inserting

1Section 7. Section 4973 heading and subsection (e) of Title
275 are amended to read:

3Amend Bill, page 4, line 17, by inserting after "home"

4, a manufactured home

5Amend Bill, page 4, line 27, by striking out "4" and 
6inserting

7 8

 

See A07941 in
the context
of SB1312