PRINTER'S NO. 1619

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1314 Session of 2007

        INTRODUCED BY DONATUCCI, DeLUCA, BIANCUCCI, MAHONEY,
           CALTAGIRONE, FABRIZIO, FREEMAN, HORNAMAN, W. KELLER, KORTZ,
           MURT, MYERS, RAYMOND, REICHLEY, SCAVELLO, K. SMITH AND
           YOUNGBLOOD, MAY 18, 2007

        REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 18, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for the duty of driver in
     3     construction and maintenance areas or on highway safety
     4     corridors.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 3326 of Title 75 of the Pennsylvania
     8  Consolidated Statutes is amended by adding a subsection to read:
     9  § 3326.  Duty of driver in construction and maintenance areas or
    10             on highway safety corridors.
    11     * * *
    12     (b.1)  Use of mobile telephone in active work zone.--
    13         (1)  Except as provided in paragraph (2), no driver shall
    14     operate a motor vehicle while using a handheld mobile
    15     telephone in an active work zone.
    16         (2)  This section shall not apply to a driver who uses a
    17     handheld mobile telephone for the purpose of reporting an
    18     accident or emergency.

     1         (3)  The provisions of this section shall not be
     2     construed as authorizing the seizure or forfeiture of a
     3     handheld mobile telephone unless otherwise provided by law.
     4         (4)  A person who violates this section commits a summary
     5     offense and shall, upon conviction, be sentenced to pay a
     6     fine of $100. A conviction under this subsection shall not
     7     constitute a moving violation unless the offense involves an
     8     accident.
     9         (5)  As used in this subsection, the following words and
    10     phrases shall have the meanings given to them in this
    11     paragraph:
    12         "Handheld mobile telephone."  A mobile telephone other
    13     than a hands-free mobile telephone with which a user engages
    14     in a call using at least one hand.
    15         "Hands-free mobile telephone."  A mobile telephone that
    16     has an internal feature or function, or that is equipped with
    17     an attachment or addition, whether or not permanently part of
    18     the mobile telephone, by which a user engages in a call
    19     without the use of either hand, whether or not the use of
    20     either hand is necessary to activate, deactivate or initiate
    21     a function of the telephone.
    22     * * *
    23     Section 2.  This act shall take effect in 60 days.





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