| CORRECTIVE REPRINT |
| PRIOR PRINTER'S NO. 49 | PRINTER'S NO. 67 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MARKOSEK, GEIST, BELFANTI, BOYD, BRENNAN, DALEY, J. EVANS, HARPER, HESS, HICKERNELL, KORTZ, McCALL, MOUL, REICHLEY, SCAVELLO, SIPTROTH, K. SMITH, VULAKOVICH, WALKO AND WATSON, JANUARY 26, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 26, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, defining "interactive wireless communications |
3 | device"; further providing for junior driver's license, for |
4 | learners' permits and for suspension of operating privilege; |
5 | prohibiting interactive wireless communications devices; and |
6 | further providing for accident report forms, for department |
7 | to compile, tabulate and analyze accident reports, for |
8 | television equipment and for restraint systems. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | declares that the part of this act that limits the number of |
11 | passengers a junior driver may transport in a motor vehicle at |
12 | one time may be referred to as Lacey's Law in honor of Lacey |
13 | Gallagher. |
14 | The General Assembly of the Commonwealth of Pennsylvania |
15 | hereby enacts as follows: |
16 | Section 1. Section 102 of Title 75 of the Pennsylvania |
17 | Consolidated Statutes is amended by adding a definition to read: |
18 | § 102. Definitions. |
19 | Subject to additional definitions contained in subsequent |
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1 | provisions of this title which are applicable to specific |
2 | provisions of this title, the following words and phrases when |
3 | used in this title shall have, unless the context clearly |
4 | indicates otherwise, the meanings given to them in this section: |
5 | * * * |
6 | "Interactive wireless communications device." Any wireless |
7 | electronic communications device that provides for voice or data |
8 | communication between two or more parties, including, but not |
9 | limited to, a mobile or cellular telephone, a text messaging |
10 | device, a personal digital assistant that sends or receives |
11 | messages or a laptop computer. |
12 | * * * |
13 | Section 2. Sections 1503(c), 1505(e) and 1538(e) of Title 75 |
14 | are amended to read: |
15 | § 1503. Persons ineligible for licensing; license issuance to |
16 | minors; junior driver's license. |
17 | * * * |
18 | (c) Junior driver's license.--The department may issue a |
19 | junior driver's license to a person 16 or 17 years of age under |
20 | rules and regulations adopted by the department and subject to |
21 | the provisions of this section. A junior driver's license shall |
22 | automatically become a regular driver's license when the junior |
23 | driver attains 18 years of age. |
24 | (1) Except as provided in paragraph (2), no licensed |
25 | junior driver shall drive a vehicle upon a public highway |
26 | between 11 p.m. and 5 a.m. unless accompanied by a spouse 18 |
27 | years of age or older, a parent or a person in loco parentis. |
28 | (2) A licensed junior driver conforming to the |
29 | requirements of section 1507 (relating to application for |
30 | driver's license or learner's permit by minor) may drive a |
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1 | vehicle upon a public highway between 11 p.m. and 5 a.m. |
2 | between the junior driver's home and activity or employment |
3 | or in the course of the junior driver's activity or |
4 | employment if the junior driver is a member of a volunteer |
5 | fire company authorized by the fire chief to engage in |
6 | fighting fires, is engaged in public or charitable service or |
7 | is employed and is carrying an affidavit or certificate of |
8 | authorization signed by the junior driver's fire chief, |
9 | supervisor or employer indicating the probable schedule of |
10 | the junior driver's activities. Upon termination of the |
11 | junior driver's activity or employment, the junior driver |
12 | shall surrender the affidavit or certificate to the fire |
13 | chief, supervisor or employer. If the junior driver shall |
14 | fail to surrender the affidavit or certificate, the employer, |
15 | fire chief or supervisor shall immediately notify the |
16 | Pennsylvania State Police. |
17 | (2.1) Except as set forth in paragraph (2.2), a junior |
18 | driver may not drive a vehicle with more than one passenger |
19 | under 18 years of age. |
20 | (2.2) With parental or in loco parentis approval, a |
21 | junior driver may drive a vehicle with passengers who are |
22 | siblings or relatives who live in the same dwelling as the |
23 | junior driver. |
24 | (3) In addition to the other provisions of this title |
25 | relating to the suspension or revocation of operating |
26 | privileges, in the event that a licensed junior driver is |
27 | involved in an accident reportable under section 3746(a) for |
28 | which the junior driver is partially or fully responsible in |
29 | the opinion of the department or is convicted of any |
30 | violation of this title, the department may suspend the |
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1 | operating privileges of the junior driver until the junior |
2 | driver attains 18 years of age or for a period of time not |
3 | exceeding 90 days. |
4 | (4) Any junior driver or other person violating any |
5 | provision of this subsection is guilty of a summary offense. |
6 | § 1505. Learners' permits. |
7 | * * * |
8 | (e) Authorization to test for driver's license and junior |
9 | driver's license.--A person with a learner's permit is |
10 | authorized to take the examination for a regular or junior |
11 | driver's license for the class of vehicle for which a permit is |
12 | held. Before a person under the age of 18 years may take the |
13 | examination for a junior driver's license, the minor must: |
14 | (1) Have held a learner's permit for that class of |
15 | vehicle for a period of six months. |
16 | (2) Present to the department a certification form |
17 | signed by the father, mother, guardian, person in loco |
18 | parentis or spouse of a married minor stating that the minor |
19 | applicant has completed [50] 65 hours of practical driving |
20 | experience, including no less than ten hours of nighttime |
21 | driving and five hours of inclement weather driving, |
22 | accompanied as required under subsection (b). Submission of a |
23 | certification shall not subject the parent, guardian, person |
24 | in loco parentis or spouse of a married minor to any |
25 | liability based upon the certification. |
26 | (3) Have the certification form completed when the minor |
27 | is ready for the licensing examination. The certification |
28 | form shall be developed by the department and will be |
29 | provided by the department when the original application for |
30 | a learner's permit is processed. The department will make |
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1 | this form readily available through the mail or electronic |
2 | means. |
3 | * * * |
4 | § 1538. School, examination or hearing on accumulation of |
5 | points or excessive speeding. |
6 | * * * |
7 | (e) Additional suspension of operating privilege.-- |
8 | (1) In addition to any other provisions of law relating |
9 | to the suspension or revocation of operating privileges, a |
10 | person's operating privileges shall be suspended under any of |
11 | the following circumstances: |
12 | (i) Prior to reaching age 18, the person violates |
13 | section 3362 (relating to maximum speed limits) by |
14 | traveling 26 miles per hour or more over the posted speed |
15 | limit and the violation results in a conviction, guilty |
16 | plea or plea of no contest before or after the person |
17 | reaches age 18. |
18 | (ii) The person accumulates six or more points under |
19 | the provisions of section 1535 (relating to schedule of |
20 | convictions and points) and the violations resulting in |
21 | points accumulation were committed before the person |
22 | reached age 18. |
23 | (2) The first suspension under paragraph (1) shall be |
24 | for a period of 90 days with every subsequent suspension |
25 | under paragraph (1) to be for a period of 120 days. |
26 | Suspensions under paragraph (1) shall be imposed |
27 | consecutively to each other and to any other suspension. A |
28 | suspension under paragraph (1) shall be considered a |
29 | subsequent suspension even if it is imposed contemporaneously |
30 | with a first suspension imposed under paragraph (1). A |
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1 | suspension under this paragraph shall be in lieu of a |
2 | suspension under subsection (d)(1). |
3 | Section 3. Title 75 is amended by adding a section to read: |
4 | § 3316. Prohibiting interactive wireless communications |
5 | devices. |
6 | (a) Drivers subject to restriction.--No driver with a |
7 | learners' permit or junior driver's license shall drive a motor |
8 | vehicle on a highway or trafficway in this Commonwealth while |
9 | using an interactive wireless communications device. |
10 | (b) Exceptions.--This section shall not apply to persons who |
11 | use an interactive wireless communications device to contact a |
12 | 511 service or 911 system for the purpose of reporting an |
13 | accident or an emergency or obtaining directions. |
14 | (c) Seizure.--The provisions of this section shall not be |
15 | construed as authorizing the seizure or forfeiture of an |
16 | interactive wireless communications device, unless otherwise |
17 | provided by law. |
18 | (d) Penalty.--A person who violates subsection (a) commits a |
19 | summary offense and shall, upon conviction, be sentenced to pay |
20 | a fine of $100. |
21 | (e) Definitions.--As used in this section, the following |
22 | words and phrases shall have the meanings given to them in this |
23 | subsection: |
24 | "511" or "511 service." Three-digit telecommunications |
25 | dialing to access an intelligent transportation system traveler |
26 | information service provided in this Commonwealth in accordance |
27 | with the Federal Communications Commission and the United States |
28 | Department of Transportation. |
29 | "911." The number used by a public agency located in whole |
30 | or in part within this Commonwealth authorized by law to provide |
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1 | emergency telephone service to access firefighting, law |
2 | enforcement, ambulance, emergency medical or other emergency |
3 | services. |
4 | Section 4. Section 3752(a) of Title 75 is amended to read: |
5 | § 3752. Accident report forms. |
6 | (a) Form and content.--The department shall prepare and upon |
7 | request supply to all law enforcement agencies and other |
8 | appropriate agencies or individuals, forms for written accident |
9 | reports as required in this subchapter suitable with respect to |
10 | the persons required to make the reports and the purposes to be |
11 | served. The written report forms shall call for sufficiently |
12 | detailed information to disclose with reference to a vehicle |
13 | accident the cause, conditions then existing and the persons and |
14 | vehicles involved[.], including whether the driver of the |
15 | vehicle was using an interactive wireless communications device |
16 | when the accident occurred, and such other information as the |
17 | department may require. Reports for use by the drivers and |
18 | owners shall also provide for information relating to financial |
19 | responsibility. |
20 | * * * |
21 | Section 5. Section 3753 of Title 75 is amended by adding a |
22 | subsection to read: |
23 | § 3753. Department to compile, tabulate and analyze accident |
24 | reports. |
25 | * * * |
26 | (b.1) Report on interactive wireless communications |
27 | devices.--The department shall annually compile and make |
28 | available to the public information submitted on an accident |
29 | report concerning interactive wireless communications devices in |
30 | motor vehicles involved in traffic accidents. The report shall |
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1 | note whether the driver of the motor vehicle was using an |
2 | interactive wireless communications device when the accident |
3 | occurred. The data shall be included in a report submitted to |
4 | the Transportation Committee of the Senate and the |
5 | Transportation Committee of the House of Representatives. |
6 | * * * |
7 | Section 6. Sections 4527 and 4581(a) and (b) of Title 75 are |
8 | amended to read: |
9 | § 4527. [Television] Video receiving equipment. |
10 | (a) General rule.--[No] Except as provided in subsection |
11 | (c), no person shall drive a motor vehicle [operated on a |
12 | highway shall be] equipped with [television-type] any image |
13 | display device, video receiving equipment, including a receiver, |
14 | a video monitor or a television or video screen capable of |
15 | displaying a television broadcast or video signal that produces |
16 | entertainment or business applications or similar equipment |
17 | which is located in the motor vehicle at any point forward of |
18 | the back of the driver's seat [or otherwise], or which is |
19 | visible, directly or indirectly, to the driver while operating |
20 | the motor vehicle. |
21 | (a.1) Except as provided in subsection (b), no person may |
22 | install in a motor vehicle an image display device intended to |
23 | be visible to a driver in the normal driving position when the |
24 | vehicle is in motion and when restrained by the safety seat belt |
25 | system adjusted in accordance with the manufacturer's |
26 | recommendations. |
27 | (b) Exception.--This section shall not apply to the |
28 | following: |
29 | (1) [Television-type receiving equipment] Image display |
30 | devices in a vehicle used exclusively for safety or law |
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1 | enforcement purposes as approved by the Pennsylvania State |
2 | Police. |
3 | (2) [Electronic displays] Image display devices used in |
4 | conjunction with in-vehicle navigation systems, related |
5 | traffic, road and weather information. |
6 | (3) Image display devices that provide vehicle |
7 | information related to the driving task or to enhance or |
8 | supplement the driver's view forward, behind or to the sides |
9 | of the motor vehicle or permit the driver to monitor vehicle |
10 | occupants behind the driver. |
11 | (4) Image display devices that do not display images to |
12 | the driver while the vehicle is in motion. |
13 | (5) Image display devices which display an image while a |
14 | vehicle is parked. |
15 | (c) Definitions.--As used in this section, the term "image |
16 | display device" means equipment capable of displaying to the |
17 | driver of the motor vehicle: |
18 | (1) a broadcast television image; or |
19 | (2) a visual image, other than text, from a digital |
20 | video disc or other storage device. |
21 | § 4581. Restraint systems. |
22 | (a) Occupant protection.-- |
23 | (1) Any person who is operating a passenger car, Class I |
24 | truck, Class II truck, classic motor vehicle, antique motor |
25 | vehicle or motor home and who transports a child under four |
26 | years of age anywhere in the motor vehicle, including the |
27 | cargo area, shall fasten such child securely in a child |
28 | passenger restraint system, as defined in subsection (d). |
29 | This subsection shall apply to all persons while they are |
30 | operators of motor vehicles where a seating position is |
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1 | available which is equipped with a seat safety belt or other |
2 | means to secure the systems or where the seating position was |
3 | originally equipped with seat safety belts. |
4 | (1.1) Any person who is operating a passenger car, Class |
5 | I truck, Class II truck, classic motor vehicle, antique motor |
6 | vehicle or motor home and who transports a child four years |
7 | of age or older but under eight years of age anywhere in the |
8 | motor vehicle, including the cargo area, shall fasten such |
9 | child securely in a fastened safety seat belt system and in |
10 | an appropriately fitting child booster seat, as defined in |
11 | subsection (d). This paragraph shall apply to all persons |
12 | while they are operators of motor vehicles where a seating |
13 | position is available which is equipped with a seat safety |
14 | belt or other means to secure the systems or where the |
15 | seating position was originally equipped with seat safety |
16 | belts. [A conviction under this paragraph by State or local |
17 | law enforcement agencies shall occur only as a secondary |
18 | action when a driver of a motor vehicle has been convicted of |
19 | violating any other provision of this title.] |
20 | (2) [Except for children under eight years of age and |
21 | except as provided in paragraphs (1) and (1.1), each] |
22 | (i) The driver [and front seat occupant] of a |
23 | passenger car, Class I truck, Class II truck or motor |
24 | home operated in this Commonwealth shall [wear] secure or |
25 | cause to be secured in a properly adjusted and fastened |
26 | safety seat belt system the driver and every vehicle |
27 | occupant between eight years of age and 18 years of age. |
28 | [A conviction under this paragraph by State or local law |
29 | enforcement agencies shall occur only as a secondary |
30 | action when a driver of a motor vehicle has been |
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1 | convicted of any other provision of this title. The |
2 | driver of a passenger automobile shall secure or cause to |
3 | be secured in a properly adjusted and fastened safety |
4 | seat belt system any occupant who is eight years of age |
5 | or older and less than 18 years of age.] |
6 | (ii) Except for children under 18 years of age and |
7 | except as provided in paragraphs (1) and (1.1) and |
8 | subparagraph (i), each driver and front seat occupant of |
9 | a passenger car, Class I truck, Class II truck, classic |
10 | motor vehicle, antique motor vehicle or motor home |
11 | operated in this Commonwealth shall wear a properly |
12 | adjusted and fastened safety seat belt system. |
13 | (iii) This paragraph shall not apply to: |
14 | [(i)] (A) A driver or front seat occupant of any |
15 | vehicle manufactured before July 1, 1966. |
16 | [(ii)] (B) A driver or front seat occupant who |
17 | possesses a written verification from a physician |
18 | that he is unable to wear a safety seat belt system |
19 | for physical or medical reasons, or from a |
20 | psychiatrist or other specialist qualified to make an |
21 | informed judgment that he is unable to wear a safety |
22 | seat belt system for psychological reasons. |
23 | [(iii)] (C) A rural letter carrier while |
24 | operating any motor vehicle during the performance of |
25 | his duties as a United States postal service rural |
26 | letter carrier only between the first and last |
27 | delivery points. |
28 | [(iv)] (D) A driver who makes frequent stops and |
29 | is traveling less than 15 miles per hour for the |
30 | purpose of delivering goods or services while in the |
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1 | performance of his duties and only between the first |
2 | and last delivery points. |
3 | A violation of this paragraph shall not be subject to the |
4 | assessment of any points under section 1535 (relating to |
5 | schedule of convictions and points). |
6 | (3) A driver who is under 18 years of age may not |
7 | operate a motor vehicle in which the number of passengers |
8 | exceeds the number of available safety seat belts in the |
9 | vehicle. |
10 | (b) Offense.--Anyone who fails to comply with the provisions |
11 | of subsection (a)(1) or (1.1) shall be guilty of a summary |
12 | offense with a maximum fine of $100. The court imposing and |
13 | collecting any such fines shall transfer the fines thus |
14 | collected to the State Treasurer for deposit in the Child |
15 | Passenger Restraint Fund, pursuant to section 4582 (relating to |
16 | Child Passenger Restraint Fund). Anyone who violates subsection |
17 | (a)(2) or (3) commits a summary offense and shall, upon |
18 | conviction, be sentenced to pay a fine of $10. No person shall |
19 | be convicted of a violation of subsection [(a)(2)] (a)(2) or (3) |
20 | unless the person is also convicted of another violation of this |
21 | title which occurred at the same time. No costs as described in |
22 | 42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for |
23 | summary conviction of subsection (a)(2) or (3). Conviction under |
24 | this subsection shall not constitute a moving violation. |
25 | * * * |
26 | Section 7. This act shall take effect in 60 days. |
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