CORRECTIVE REPRINT

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KORTZ, BARRAR, DeLUCA, FABRIZIO, HALUSKA, HESS, KULA, M. O'BRIEN, READSHAW, K. SMITH, SWANGER, VULAKOVICH, WAGNER, YOUNGBLOOD, RAVENSTAHL, SANTARSIERO AND QUINN, JANUARY 21, 2011

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 2011   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, prohibiting

interactive wireless communications devices in work zones and

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prohibiting use of interactive wireless communications

devices by junior drivers; further providing for duty of

driver in construction and maintenance areas or on highway

safety corridors, for duty of driver in emergency response

areas and 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.  Title 75 of the Pennsylvania Consolidated

Statutes is amended by adding a section sections to read:

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§ 3316.  Prohibiting interactive wireless communications devices

in work zones.

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(a)  General rule.--No Subject to the provisions of section

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3316.1 (relating to prohibiting use of interactive wireless

communications devices by junior drivers), no driver shall

operate a motor vehicle on a highway or trafficway within a work

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zone while using an interactive wireless communications device.

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

(1)  Law enforcement officers and operators of emergency

vehicles when on duty and acting in their official

capacities.

(2)  Persons who are reporting an accident or emergency.

(3)  Drivers who are using a hands-free interactive

wireless communications device.

(4)  Persons who use an interactive wireless

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communications device when the vehicle is stopped at an

intersection or due to a traffic obstruction and the

transmission is in neutral or park.

(c)  Posting.--The department shall post a work zone with

signs designating the restriction.

(d)  Penalty.--

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

summary offense and shall, upon conviction, be sentenced to

pay a fine of $100 $50.

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(2)  A conviction under this section shall not constitute

a moving violation unless:

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(i)  The offense involves an accident.

a moving violation unless the offense involves an accident.

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(ii)  The offense is a second or subsequent violation

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in less than one calendar year.

(e)  Secondary action.--A conviction under this section by

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State or local law enforcement agencies shall occur only as a

secondary action when a driver of a motor vehicle has been

convicted of any other provision of this title.

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

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

subsection:

"Interactive wireless communications device."  A wireless

electronic communications device that provides for voice or data

communication between two or more parties, including, but not

limited to, a mobile or cellular telephone, a text messaging

device, a personal digital assistant that sends or receives

messages or a laptop computer. The term does not include a

citizens band radio, a two-way radio communication device or a

device that is permanently affixed during operation to a bus or

school bus.

"Hands-free interactive wireless communications device."  An

interactive wireless communications device that has an internal

feature or is equipped with an attachment or addition, whether

permanently part of the interactive wireless communications

device, by which a user engages in a voice or data communication

without the use of either hand and regardless of whether either

hand is used to activate, deactivate or initiate a function of

the interactive wireless communications device.

§ 3316.1.  Prohibiting use of interactive wireless

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communications devices by junior drivers.

(a)  General rule.--Notwithstanding the provisions of section

3316 (relating to prohibiting interactive wireless

communications devices), no driver with a learner's permit or

junior driver's license shall operate a motor vehicle on a

highway or trafficway in this Commonwealth while using an

interactive wireless communications device.

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

(1)  Persons who are reporting an accident or emergency.

(2)  Persons who use an interactive wireless

communications device when the vehicle is stopped at an

intersection or due to a traffic obstruction and the

transmission is in neutral or park.

(c)  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 conviction under this section shall not constitute

a moving violation unless the offense involves an accident.

(d)  Definitions.--As used in this section, the term

"interactive wireless communications device" means a wireless

electronic communications device that provides for voice or data

communication between two or more parties, including, but not

limited to, a mobile or cellular telephone, a text messaging

device, a personal digital assistant that sends or receives

messages or a laptop computer. The term does not include a

citizens band radio, a two-way radio communication device or a

device that is permanently affixed during operation to a bus or

school bus.

Section 2.  Sections 3326(c), 3327(e) and 3714 of Title 75

are amended to read:

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

on highway safety corridors.

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(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 (relating to prohibiting interactive

wireless communications devices).

Section 3316.1 (relating to prohibiting use of

interactive wireless communications devices by junior

drivers).

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).

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§ 3327.  Duty of driver in emergency response areas.

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(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 (relating to prohibiting interactive

wireless communications devices).

Section 3316.1 (relating to prohibiting use of

interactive wireless communications devices by junior

drivers).

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).

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§ 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

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) 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, 2012.

(d)  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:

"Distracted."  Having a person's attention diverted from

operating a vehicle by any task or item, including, but not

limited to, an electronic, electrical, mechanical or personal

grooming device, food, drink, book or printed material.

"Interactive wireless communications device."  A wireless

telephone, personal digital assistant, smart phone, portable or

mobile computer or similar device which can be used for voice

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

instant messaging. The term does not include any of the

following:

(1)  a device being used exclusively as a global

positioning or navigation system;

(2)  a system or device that is physically or

electronically integrated into the vehicle; or

(3)  a communication device that is affixed to a mass

transit vehicle, bus or school bus.

Section 3.  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 hereby earmarked for and appropriated to the

department. 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

into 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 2 4.  This act shall take effect in 60 days.

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