PRINTER'S NO. 837
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
714
Session of
2015
INTRODUCED BY ROSS, McNEILL, WATSON, STEPHENS, O'BRIEN, HARPER,
READSHAW, HICKERNELL, HARHART, SCHLOSSBERG, KAUFFMAN,
D. COSTA, FARINA, CUTLER, DeLUCA, MENTZER, MURT AND GIBBONS,
MARCH 4, 2015
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 4, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in miscellaneous offenses relating to operation of
vehicles, further providing for the offense of careless
driving; establishing the Driver Distraction Awareness Fund;
and providing for additional duties of the Department of
Transportation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3714 of Title 75 of the Pennsylvania
Consolidated Statutes is 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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 fine for distracted driver.--
(1) Any person who violates this section and at the time
of the violation is distracted by the use of any of the
following, including, but not limited to:
(i) an interactive wireless communications device;
(ii) an electronic, electrical or mechanical device;
(iii) a personal grooming device;
(iv) food;
(v) drink; or
(vi) any printed material,
shall, in addition to any other penalty imposed, be sentenced
to pay a fine of $50.
(2) The provisions of this subsection shall not apply to
any person unless the person is 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 on account of any increased fine under this
subsection. Application of this subsection shall not
constitute a moving violation.
(3) Notwithstanding any other provision of law to the
contrary, fines collected under this subsection shall be paid
to the Commonwealth for deposit into the Driver Distraction
Awareness Fund.
(c.2) Report.--The department shall submit to the General
Assembly a report on the effects of subsection (c.1) by August
31, 2016.
(d) Definition.--As used in this section, the term
20150HB0714PN0837 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
"distracted" means having a person's attention diverted from
operating a vehicle by any task or item, including, but not
limited to, a task or item listed under subsection (c.1)(1).
Section 2. Title 75 is amended by adding a section to read:
§ 3714.1. Driver Distraction Awareness Fund.
(a) Fund established.--The Driver Distraction Awareness Fund
is established in the Motor License Fund as a special restricted
receipts account. Moneys in the fund are appropriated to the
department for the purposes of this section. This fund shall
consist of all fines deposited pursuant to section 3714(c.1)
(relating to careless driving), all Federal funds granted for
that use and any moneys donated to the fund. All such funds
shall be used solely for the purpose of the educational program
established in subsection (b).
(b) Educational program.--The department shall initiate an
educational program to begin immediately to alert the public to
the provisions of section 3714(c.1) and the requirements and
penalties specified in section 3714(c.1). The program shall also
encourage motorists to eliminate distractions in the vehicle as
a means of reducing the risk of harm to themselves as well as to
others.
Section 3. This act shall take effect in 60 days.
20150HB0714PN0837 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22