THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROSS, BARRAR, BOYD, CALTAGIRONE, CRUZ, CUTLER, DeLUCA, DENLINGER, DeWEESE, J. EVANS, FLECK, GABLER, GROVE, HARKINS, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, MILLER, MILNE, MUNDY, MURT, O'NEILL, PETRI, READSHAW, REICHLEY, SCAVELLO, SCHRODER, TALLMAN, TAYLOR, WATSON, ADOLPH, FARRY AND MARSHALL, MARCH 2, 2011

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 3, 2011   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for the offense of careless

driving; establishing the Driver Distraction Awareness Fund;

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and providing for additional duties of the Department of

Transportation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3714 of Title 75 of the Pennsylvania

Consolidated Statutes, amended October 19, 2010 (P.L.557,

No.81), is amended to read:

§ 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 penalty Increased fine for distracted

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driver.--

(1)  Any person who violates this section and at the time

of the violation is distracted by the use of any electronic,

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electrical, mechanical, personal grooming device, food,

drink, book or printed material shall, in addition to any

other penalty imposed, upon conviction, be sentenced to pay a

fine of $50. the following, including, but not limited to:

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(i)  an interactive wireless communications device;

(ii)  an electronic, electrical or mechanical device;

(iii)  a personal grooming device;

(iv)  food;

(v)  drink; and

(vi)  any printed material,

shall in addition to any other penalty imposed, upon

conviction, be sentenced to pay a fine of $50.

(2)  No person shall be convicted under this subsection

unless the person is also 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 for a conviction under this subsection. Conviction

under this subsection shall not constitute a moving

violation.

(3)  Fines collected under this subsection shall be paid

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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)  Definition.--As used in this section, "distracted" means

having a person's attention diverted from operating a vehicle by

a radio, recording and playback device, telephone device,

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citizens band radio, television, computer and any other device 

any task or item, including, but not limited to, an electronic,

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electrical, mechanical or personal grooming device, food, drink,

book or printed material.

Section 2.  Title 75 is amended by adding a section to read:

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§ 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 3.  This act shall take effect in 60 days.

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