THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARKOSEK, DePASQUALE, SCHMOTZER, KORTZ, M. SMITH, DeLUCA, READSHAW, BARBIN, K. BOYLE, BRADFORD, BRIGGS, CARROLL, CLYMER, D. COSTA, P. COSTA, DALEY, DAVIS, FRANKEL, GILLESPIE, JAMES, KULA, MAHONEY, MANN, MILLARD, PASHINSKI, SABATINA, SAMUELSON, K. SMITH, STEPHENS, WATERS, WILLIAMS, BOBACK, DEAN AND GEIST, OCTOBER 17, 2012

REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 17, 2012  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further defining "interactive wireless

communications device"; prohibiting use of interactive

wireless communications device; and further providing for

duty of driver in construction and maintenance areas or on

highway safety corridors and for duty of driver in emergency

response areas.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "interactive wireless

communications device" in section 102 of Title 75 of the

Pennsylvania Consolidated Statutes, added November 9, 2011

(P.L.406, No.98), is amended 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 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 communications device that is affixed to a mass

transit vehicle, bus or school bus[.]; or

(4)  an amateur radio or a citizens band radio.

* * *

Section 2.  Section 3316 of Title 75, added November 9, 2011

(P.L.406, No.98), is amended to read:

§ 3316.  Prohibiting [text-based communications] use of

interactive wireless communications device.

(a)  Prohibition.--[No driver]

(1)  Except as provided in subsection (b), no person 

shall [operate] drive a motor vehicle on a [highway] roadway 

or trafficway in this Commonwealth while using an interactive

wireless communications device [to send, read or write a

text-based communication while the vehicle is in motion. A

person does not send, read or write a text-based

communication when the person reads, selects or enters a

telephone number or name in an interactive wireless

communications device for the purpose of activating or

deactivating a voice communication or a telephone call.] 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

communications device for the purpose of voice

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 communications device.

(b)  [(Reserved).] Exceptions.--This section shall not apply

to:

(1)  A person using an interactive wireless

communications device to contact a 911 system or wireless

E-911 service, as defined in 35 Pa.C.S. § 5302 (relating to

definitions).

(2)  A person using an interactive wireless

communications device when the vehicle is stopped due to a

traffic obstruction and the motor vehicle transmission is in

neutral or park.

(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 communications device, unless otherwise

provided by law.

(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)  Preemption of local ordinances.--In accordance with

section 6101 (relating to applicability and uniformity of

title), this section supersedes and preempts all ordinances of

any municipality with regard to the use of an interactive

wireless communications device by the driver of a motor vehicle.

(e.1)  Public education and awareness programs.--The

department shall develop and maintain Statewide public education

and awareness programs to combat distracted driving and promote

awareness of the provisions of this section.

(f)  [Definition.--As used in this section, the term "text-

based communication" means a text message, instant message,

electronic mail or other written communication composed or

received on an interactive wireless communications device.]   

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 35 Pa.C.S. § 7363 (relating to definitions).

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

35 Pa.C.S. § 7363.

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

35 Pa.C.S. § 7363.

Section 3.  Sections 3326(c) and 3327(e) 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 (relating to prohibiting use of interactive

wireless communications 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 (relating to prohibiting use of interactive

wireless communications 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).

* * *

Section 4.  This act shall take effect in 60 days.