THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARKOSEK, GEIST, CALTAGIRONE, CARROLL, P. COSTA, DePASQUALE, D. EVANS, J. EVANS, GINGRICH, GROVE, HARHAI, HARPER, LENTZ, MARSICO, MILLER, PICKETT, PYLE, REICHLEY, SHAPIRO, SIPTROTH, SOLOBAY, SWANGER, WATSON, KORTZ, HELM, BENNINGHOFF, SAMUELSON, FAIRCHILD, DALLY, WATERS, M. SMITH, MUNDY, BRENNAN, HORNAMAN, FREEMAN, DEASY, BOBACK, KULA, BRIGGS, MARSHALL, BEAR, VULAKOVICH, SANTARSIERO, BRADFORD AND GALLOWAY, NOVEMBER 9, 2009

AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JANUARY 26, 2010   

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and 75

(Vehicles) of the Pennsylvania Consolidated Statutes, further

providing for Commonwealth portion of fines, etc. and for

municipal corporation portion of fines, etc.; defining

"interactive wireless communication device"; prohibiting use

of interactive wireless communication device; and further

providing for duty of driver in construction and maintenance

areas or on highway safety corridors, for duty of driver in

emergency response areas, for accident report forms, for

department to compile, tabulate and analyze accident reports

and for applicability and uniformity of title.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3571(b) and 3573(b) of Title 42 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 3571.  Commonwealth portion of fines, etc.

* * *

(b)  Vehicle offenses.--

(1)  All fines, forfeited recognizances and other

forfeitures imposed, lost or forfeited in connection with

matters arising under Chapter 77 of Title 75 (relating to

snowmobiles) shall unless otherwise provided in Chapter 77 of

Title 75 be payable to the Commonwealth.

(2)  Except as provided in [paragraph (4)] paragraphs (4)

and (5), when prosecution under any other provision of Title

75 (relating to vehicles) is the result of State Police

action, all fines, forfeited recognizances and other

forfeitures imposed, lost or forfeited shall be payable to

the Commonwealth, for credit to the Motor License Fund. One-

half of the revenue shall be paid to municipalities in the

same ratio provided in section 4 of the [act of June 1, 1956

(P.L.1944, No.655), relating to partial allocation of liquid

fuels and fuel use tax proceeds] act of June 1, 1956 (1955

P.L.1944, No.655), referred to as the Liquid Fuels Tax

Municipal Allocation Law.

(3)  Except as provided in paragraph (5) and section 3573

(relating to municipal corporation portion of fines, etc.),

when prosecution under any other provision of Title 75 is the

result of local police action, one-half of all fines,

forfeited recognizances and other forfeitures imposed, lost

or forfeited shall be payable to the Commonwealth, for credit

to the Motor License Fund.

(4)  When prosecution under 75 Pa.C.S. § 3802 (relating

to driving under influence of alcohol or controlled

substance) is the result of State Police action, 50% of all

fines, forfeited recognizances and other forfeitures imposed,

lost or forfeited shall be payable to the Commonwealth, for

credit to the Motor License Fund, and 50% shall be payable to

the county which shall be further divided as follows:

(i)  Fifty percent of the moneys received shall be

allocated to the appropriate county authority which

implements the county drug and alcohol program to be used

solely for the purposes of aiding programs promoting drug

abuse and alcoholism prevention, education, treatment and

research.

(ii)  Fifty percent of the moneys received shall be

used for expenditures incurred for county jails, prisons,

workhouses and detention centers.

(5)  When prosecution under 75 Pa.C.S. § 3316 (relating

to prohibiting use of interactive wireless communication

device) is the result of Pennsylvania State Police action,

25% of all revenue from fines shall be paid to municipalities

in the same ratio provided in section 4 of the Liquid Fuels

Tax Municipal Allocation Law, and 75% of the revenue from the

fines shall be allocated and are appropriated on a continuing

basis to the Department of Transportation for Statewide

public education and awareness programs to combat distracted

driving and driving under the influence and promote awareness

under 75 Pa.C.S. § 3316(f).

* * *

§ 3573.  Municipal corporation portion of fines, etc.

* * *

(b)  Vehicle offenses.--

(1)  When prosecution under the provisions of Title 75

(relating to vehicles) for parking is the result of local

police action, all fines, forfeited recognizances and other

forfeitures imposed, lost or forfeited shall be payable to

the municipal corporation under which the local police are

organized.

(2)  Except as provided in [paragraph (3)] paragraphs (3)

and (4), when prosecution under any other provision of Title

75 (except Chapter 77 (relating to snowmobiles)) is the

result of local police action, one-half of all fines,

forfeited recognizances and other forfeitures imposed, lost

or forfeited shall be payable to the municipal corporation

under which the local police are organized.

(3)  When prosecution under 75 Pa.C.S. § 3802 (relating

to driving under influence of alcohol or controlled

substance) is the result of local police action, 50% of all

fines, forfeited recognizances and other forfeitures imposed,

lost or forfeited shall be payable to the municipal

corporation under which the local police are organized, and

50% shall be payable to the county which shall be further

divided as follows:

(i)  Fifty percent of the moneys received shall be

allocated to the appropriate county authority which

implements the county drug and alcohol program to be used

solely for the purposes of aiding programs promoting drug

abuse and alcoholism prevention, education, treatment and

research.

(ii)  Fifty percent of the moneys received shall be

used for expenditures incurred for county jails, prisons,

workhouses and detention centers.

(4)  When prosecution under 75 Pa.C.S. § 3316 (relating

to prohibiting use of interactive wireless communication

device) is the result of local police action, 25% of all

revenue from fines shall be payable to the municipal

corporation under which the local police are organized, and

75% shall be payable and is appropriated on a continuing

basis to the Department of Transportation for Statewide

public education and awareness programs to combat driving

under the influence and distracted driving as established by

75 Pa.C.S. § 3316(f).

* * *

Section 2.  Section 102 of Title 75 is amended by adding a

definition to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Interactive wireless communication device."  A wireless

telephone, personal digital assistant, smart phone, portable or

mobile computer, or similar device which can be used for voice  

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communication, texting, e-mailing, browsing the Internet or

instant messaging, but. The term does not include a device being

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used exclusively as a global positioning or navigation system, 

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or a system or device that is physically or electronically

integrated into the vehicle.

* * *

Section 3.  Title 75 is amended by adding a section to read:

§ 3316.  Prohibiting use of interactive wireless communication

device.

(a)  Driver restrictions.--

(1)  No person shall drive a motor vehicle upon a roadway

or trafficway in this Commonwealth while using an interactive

wireless communication device for a purpose other than:

(i)  voice communication through the use of an

interactive wireless communications device while in

hands-free mode;

(ii)  reading, selecting or entering a telephone

number or name into an interactive wireless communication

device for the purpose of making a telephone call voice

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communication; or

(iii)  utilizing a global positioning or navigation

system.

(2)  No person with a learner's permit or junior driver's

license shall drive a motor vehicle upon a roadway or

trafficway in this Commonwealth while using an interactive

wireless communication device.

(b)  Exceptions.--This section shall not apply to:

(1)  A driver using an interactive wireless communication

device to contact a 911 system or wireless E-911 service, as

defined in the act of July 9, 1990 (P.L.340, No.78), known as

the Public Safety Emergency Telephone Act.

(2)  A driver using an interactive wireless communication

device when the vehicle is stopped due to traffic being

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obstructed and the driver has a traffic obstruction and the

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motor vehicle transmission is in neutral or park.

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(3)  Operators of emergency vehicles who use an

interactive wireless communications device for voice

communication for the purpose of responding to an emergency

while engaged in the performance of their official duties.

(4)  Volunteer emergency responders who use an

interactive wireless communications device for voice

communication for the purpose of responding to an emergency

while engaged in the performance of their official duties.

(c)  Seizure.--The provisions of this section shall not be

construed as authorizing the seizure or forfeiture of an

interactive wireless communication device.

(d)  Penalty.--

(1)  A person who violates subsection (a) commits a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $50.

(2)  A person who violates subsection (a) while passing

through a school zone, as defined and provided under the

regulations of the department, commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $100.

An official traffic-control device shall indicate the

beginning and end of each school zone to traffic approaching

in each direction. Establishment of a school zone, including

its location and hours of operation, shall be approved by the

department.

(e)  Public education and awareness program.--The department

shall develop and maintain Statewide public education and

awareness programs to combat distracted driving and driving

under the influence and promote awareness of the provisions of

this section subject to available funding.

(f)  Guidelines.--The department shall, in consultation with

the Department of Education and the Pennsylvania State Police,

promulgate guidelines for the implementation of subsection (e)

within six months of the effective date of this section.

(g)  Insurance.--An insurer may not charge an insured who has

been convicted under this section a higher premium for a policy

of insurance in whole or in part by reason of that conviction.

(h)  Department to compile report.--The department shall

annually compile and make available to the Transportation

Committee of the Senate and the Transportation Committee of the

House of Representatives a report detailing the public education

efforts to combat distracted driving and driving under the

influence and promote awareness of the provisions of this

section.

(i)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Hands-free mode."  The use of an interactive wireless

communications device that allows the user to engage in

communication without the use of either hand by means of an

internal feature or function or an attachment or device.

"Volunteer emergency responder."  Any of the following:

(1)  A member of a volunteer ambulance service as defined

in section 102 of the act of July 31, 2003 (P.L.73, No.17),

known as the Volunteer Fire Company and Volunteer Ambulance

Service Grant Act.

(2)  A member of a volunteer fire company as defined in

section 102 of the Volunteer Fire Company and Volunteer

Ambulance Service Grant Act.

(3)  A member of a volunteer rescue company as defined in

section 102 of the Volunteer Fire Company and Volunteer

Ambulance Service Grant Act.

Section 4.  Sections 3326(c), 3327(e) and 3752(a) of Title 75

are amended to read:

§ 3326.  Duty of driver in construction and maintenance areas or

on highway safety corridors.

* * *

(c)  Fines to be doubled.--For any of the following

violations, when committed in an active work zone manned by

workers acting in their official capacity or on a highway safety

corridor designated under section 6105.1 (relating to

designation of highway safety corridors), the fine shall be

double the usual amount:

Section 3102 (relating to obedience to authorized persons

directing traffic).

Section 3111 (relating to obedience to traffic-control

devices).

Section 3112 (relating to traffic-control signals).

Section 3114 (relating to flashing signals).

Section 3302 (relating to meeting vehicle proceeding in

opposite direction).

Section 3303 (relating to overtaking vehicle on the

left).

Section 3304 (relating to overtaking vehicle on the

right).

Section 3305 (relating to limitations on overtaking on

the left).

Section 3306 (relating to limitations on driving on left

side of roadway).

Section 3307 (relating to no-passing zones).

Section 3309 (relating to driving on roadways laned for

traffic).

Section 3310 (relating to following too closely).

Section 3316(a) (relating to prohibiting use of

interactive wireless communication device).

Section 3323 (relating to stop signs and yield signs).

Section 3326 (relating to duty of driver in construction

and maintenance areas or on highway safety corridors).

Section 3361 (relating to driving vehicle at safe speed).

Section 3362 (relating to maximum speed limits).

Section 3702 (relating to limitations on backing).

Section 3714 (relating to careless driving).

Section 3736 (relating to reckless driving).

Section 3802 (relating to driving under influence of

alcohol or controlled substance).

* * *

§ 3327.  Duty of driver in emergency response areas.

* * *

(e)  Fines to be doubled.--In addition to any penalty as

provided in subsection (b), the fine for any of the following

violations when committed in an emergency response area manned

by emergency service responders shall be double the usual

amount:

Section 3102 (relating to obedience to authorized persons

directing traffic).

Section 3111 (relating to obedience to traffic-control

devices).

Section 3114 (relating to flashing signals).

Section 3302 (relating to meeting vehicle proceeding in

opposite direction).

Section 3303 (relating to overtaking vehicle on the

left).

Section 3304 (relating to overtaking vehicle on the

right).

Section 3305 (relating to limitations on overtaking on

the left).

Section 3306 (relating to limitations on driving on left

side of roadway).

Section 3307 (relating to no-passing zones).

Section 3310 (relating to following too closely).

Section 3312 (relating to limited access highway

entrances and exits).

Section 3316(a) (relating to prohibiting use of

interactive wireless communication device).

Section 3323 (relating to stop signs and yield signs).

Section 3325 (relating to duty of driver on approach of

emergency vehicle).

Section 3361 (relating to driving vehicle at safe speed).

Section 3707 (relating to driving or stopping close to

fire apparatus).

Section 3710 (relating to stopping at intersection or

crossing to prevent obstruction).

Section 3714 (relating to careless driving).

Section 3736 (relating to reckless driving).

Section 3802 (relating to driving under influence of

alcohol or controlled substance).

* * *

§ 3752.  Accident report forms.

(a)  Form and content.--The department shall prepare and upon

request supply to all law enforcement agencies and other

appropriate agencies or individuals, forms for written accident

reports as required in this subchapter suitable with respect to

the persons required to make the reports and the purposes to be

served. The written report forms shall call for sufficiently

detailed information to disclose with reference to a vehicle

accident the cause, conditions then existing and the persons and

vehicles involved, including whether the driver of the vehicle

was using an interactive wireless communication device when the

accident occurred, and such other information as the department

may require. Reports for use by the drivers and owners shall

also provide for information relating to financial

responsibility.

* * *

Section 5.  Section 3753 of Title 75 is amended by adding a

subsection to read:

§ 3753.  Department to compile, tabulate and analyze accident

reports.

* * *

(b.1)  Report on interactive wireless communication

devices.--The department shall annually compile and make

available to the public information submitted on an accident

report concerning the use of interactive wireless communication

devices in motor vehicles involved in traffic accidents. The

report shall note whether the driver of the motor vehicle was

using an interactive wireless communication device when the

accident occurred. This data shall also be included in an annual

report submitted by the department to the Transportation

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Committee of the Senate and the Transportation Committee of the

House of Representatives.

* * *

Section 6.  Section 6101 of Title 75 is amended to read:

§ 6101.  Applicability and uniformity of title.

The provisions of this title shall be applicable and uniform

throughout this Commonwealth and in all political subdivisions

in this Commonwealth, and no local authority shall enact or

enforce any ordinance on a matter covered by the provisions of

this title unless expressly authorized. A person charged with

violating an ordinance determined to be enacted or enforced in

violation of this section shall be awarded court costs and

attorneys fees incurred as a result of defending against the

charge.

Section 7.  This act shall take effect in 60 days.