PRINTER'S NO.  592

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

583

Session of

2011

  

  

INTRODUCED BY FERLO, FONTANA, STACK, ERICKSON, COSTA, KITCHEN, WILLIAMS, BREWSTER AND WASHINGTON, FEBRUARY 18, 2011

  

  

REFERRED TO TRANSPORTATION, FEBRUARY 18, 2011  

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, prohibiting the use of mobile telephones and hand-

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held communication devices.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 75 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

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§ 3316.  Prohibiting the use of mobile telephones and hand-held

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communication devices.

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(a)  Prohibition.--Except as otherwise provided in this

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section, no person shall operate a motor vehicle upon a highway

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while using a mobile telephone or hand-held communication device

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to engage in a call or wireless communication while the vehicle

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is in motion.

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(b)  Presumption.--An operator of a motor vehicle who uses a

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mobile telephone or hand-held communication device while the

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vehicle is in motion is presumed to be engaging in a call or

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wireless communication within the meaning of this section. The

 


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presumption established by this subsection is rebuttable by

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evidence tending to show that the operator was not engaged in a

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call or wireless communication.

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

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construed as authorizing the seizure or forfeiture of a mobile

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telephone or hand-held communication device, unless otherwise

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provided by law.

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(d)  Applicability.--This section shall not apply to:

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(1)  the use of a mobile telephone or hand-held

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communication device for the sole purpose of communicating

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with any of the following regarding an emergency situation:

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an emergency response operator; a hospital, physician's

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office or health clinic; an ambulance company or corps; a

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fire department, district or company; or a police department;

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(2)  any of the following persons while in the

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performance of their official duties: a police officer or

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peace officer; a member of a fire department, district or

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company; or

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(3)  the use of a hands-free mobile telephone.

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(e)  Penalty.--A violation of subsection (a) is a summary

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offense punishable by a fine of not more than $100.

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(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

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subsection:

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"Engage in a call."  Talking into or listening on a hand-held

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mobile telephone or hand-held communication device, but shall

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not include holding a mobile telephone or hand-held

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communication device to activate, deactivate or initiate a

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function of the telephone or device.

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"Hand-held communication device."  An electronic device that

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provides mobile telephone service or other wireless

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communication functions. The term includes a two-way radio

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device that provides radio communication between mobile and land

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stations or between mobile stations. The term does not include a

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voice-activated global positioning or navigation system that is

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permanently affixed to a motor vehicle.

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"Hands-free mobile telephone."  A mobile telephone that has

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an internal feature or function, or that is equipped with an

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attachment or addition, whether or not permanently part of the

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mobile telephone, by which a user engages in a call without the

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use of either hand whether or not the use of either hand is

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necessary to activate, deactivate or initiate a function of such

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telephone.

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"Immediate proximity."  That distance as permits the operator

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of a mobile telephone or hand-held communication device to hear

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telecommunications transmitted over the mobile telephone or

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hand-held communication device, but shall not require physical

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contact with the operator's ear.

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"Mobile telephone."  The device used by subscribers and other

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users of wireless telephone service to access service.

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"Text message."  Short messaging service or the process by

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which users send or receive messages on wireless handsets. For

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purposes of this definition, an e-mail shall be considered a

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text message.

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"Using."  Holding a mobile telephone or hand-held

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communication device to, or in the immediate proximity of, the

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operator's ear or performing a wireless communication function.

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"Wireless communication."  Includes a text message, e-mail,

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push e-mail, Internet fax and Web browsing.

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Section 2.  This act shall take effect in 60 days.

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