PRINTER'S NO. 3055
No. 2301 Session of 2000
INTRODUCED BY FLICK, THOMAS, MELIO, READSHAW, DeLUCA, HARHAI,
HORSEY, KENNEY, McGILL, MYERS, PETRONE, RUBLEY, SHANER,
E. Z. TAYLOR, TRELLO, WILLIAMS AND YOUNGBLOOD,
FEBRUARY 28, 2000
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 28, 2000
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, prohibiting use of hand-held devices by operators
3 of motor vehicles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 3315. Prohibiting use of hand-held device by operator.
9 (a) Use of hand-held device prohibited.--Except as provided
10 in subsection (b), it shall be unlawful to operate a cellular
11 telephone, computer, facsimile or other portable or laptop
12 device if the operation of the device requires holding the
13 device, or a portion of the device, with one or both hands,
14 while operating a motor vehicle.
15 (b) Exceptions.--Notwithstanding subsection (a):
16 (1) The operator of a motor vehicle may use a cellular
17 telephone, computer, facsimile or other portable or laptop
1 device where the device is equipped with a hands-free
2 feature, including, but not limited to, a speaker system,
3 number storage or voice recognition if the operator of the
4 motor vehicle exercises a high degree of caution in the
5 operation of the motor vehicle.
6 (2) The operator of a motor vehicle may use a cellular
7 telephone, computer, facsimile or other portable or laptop
8 device that is not equipped with a hands-free feature only
9 if:
10 (i) The person is operating an emergency or mass
11 transit vehicle and the operation of that device is
12 required during the course of the operation of that
13 vehicle.
14 (ii) The operator of the motor vehicle, other than
15 those specified in subparagraph (i), has safely removed
16 the vehicle out of the stream of traffic to the shoulder
17 of a highway or other safe area off the highway and
18 brought the vehicle to a complete stop.
19 (iii) The operator of the motor vehicle is involved
20 in any emergency, observes an emergency situation or
21 observes the operator of another motor vehicle driving in
22 a reckless, negligent or dangerous manner or apparently
23 driving under the influence of alcohol or drugs, and the
24 use of that device is necessary to report that emergency
25 or observation to appropriate authorities.
26 (3) Nothing contained in this section shall prevent any
27 passenger or occupant of a motor vehicle other than the
28 operator from using a hand-held cellular telephone, computer,
29 facsimile or other portable or laptop device while the motor
30 vehicle is in motion.
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1 (c) Offense.--A person who violates subsection (a) commits a
2 summary offense and shall, upon conviction, be sentenced to pay
3 a fine of $10. No person shall be convicted of a violation of
4 subsection (a) unless the person is also convicted of another
5 violation of this title which occurred at the same time. No
6 costs as described in 42 Pa.C.S. § 1725.1 (relating to costs)
7 shall be imposed for summary conviction of subsection (a).
8 Conviction under this subsection shall not constitute a moving
9 violation.
10 Section 2. This act shall take effect in 60 days.
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