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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FERLO, FONTANA, STACK, ERICKSON, COSTA, KITCHEN, WILLIAMS, BREWSTER AND WASHINGTON, FEBRUARY 18, 2011 |
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| REFERRED TO TRANSPORTATION, FEBRUARY 18, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, prohibiting the use of mobile telephones and hand- |
3 | held communication devices. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 75 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 3316. Prohibiting the use of mobile telephones and hand-held |
9 | communication devices. |
10 | (a) Prohibition.--Except as otherwise provided in this |
11 | section, no person shall operate a motor vehicle upon a highway |
12 | while using a mobile telephone or hand-held communication device |
13 | to engage in a call or wireless communication while the vehicle |
14 | is in motion. |
15 | (b) Presumption.--An operator of a motor vehicle who uses a |
16 | mobile telephone or hand-held communication device while the |
17 | vehicle is in motion is presumed to be engaging in a call or |
18 | wireless communication within the meaning of this section. The |
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1 | presumption established by this subsection is rebuttable by |
2 | evidence tending to show that the operator was not engaged in a |
3 | call or wireless communication. |
4 | (c) Seizure.--The provisions of this section shall not be |
5 | construed as authorizing the seizure or forfeiture of a mobile |
6 | telephone or hand-held communication device, unless otherwise |
7 | provided by law. |
8 | (d) Applicability.--This section shall not apply to: |
9 | (1) the use of a mobile telephone or hand-held |
10 | communication device for the sole purpose of communicating |
11 | with any of the following regarding an emergency situation: |
12 | an emergency response operator; a hospital, physician's |
13 | office or health clinic; an ambulance company or corps; a |
14 | fire department, district or company; or a police department; |
15 | (2) any of the following persons while in the |
16 | performance of their official duties: a police officer or |
17 | peace officer; a member of a fire department, district or |
18 | company; or |
19 | (3) the use of a hands-free mobile telephone. |
20 | (e) Penalty.--A violation of subsection (a) is a summary |
21 | offense punishable by a fine of not more than $100. |
22 | (f) Definitions.--As used in this section, the following |
23 | words and phrases shall have the meanings given to them in this |
24 | subsection: |
25 | "Engage in a call." Talking into or listening on a hand-held |
26 | mobile telephone or hand-held communication device, but shall |
27 | not include holding a mobile telephone or hand-held |
28 | communication device to activate, deactivate or initiate a |
29 | function of the telephone or device. |
30 | "Hand-held communication device." An electronic device that |
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1 | provides mobile telephone service or other wireless |
2 | communication functions. The term includes a two-way radio |
3 | device that provides radio communication between mobile and land |
4 | stations or between mobile stations. The term does not include a |
5 | voice-activated global positioning or navigation system that is |
6 | permanently affixed to a motor vehicle. |
7 | "Hands-free mobile telephone." A mobile telephone that has |
8 | an internal feature or function, or that is equipped with an |
9 | attachment or addition, whether or not permanently part of the |
10 | mobile telephone, by which a user engages in a call without the |
11 | use of either hand whether or not the use of either hand is |
12 | necessary to activate, deactivate or initiate a function of such |
13 | telephone. |
14 | "Immediate proximity." That distance as permits the operator |
15 | of a mobile telephone or hand-held communication device to hear |
16 | telecommunications transmitted over the mobile telephone or |
17 | hand-held communication device, but shall not require physical |
18 | contact with the operator's ear. |
19 | "Mobile telephone." The device used by subscribers and other |
20 | users of wireless telephone service to access service. |
21 | "Text message." Short messaging service or the process by |
22 | which users send or receive messages on wireless handsets. For |
23 | purposes of this definition, an e-mail shall be considered a |
24 | text message. |
25 | "Using." Holding a mobile telephone or hand-held |
26 | communication device to, or in the immediate proximity of, the |
27 | operator's ear or performing a wireless communication function. |
28 | "Wireless communication." Includes a text message, e-mail, |
29 | push e-mail, Internet fax and Web browsing. |
30 | Section 2. This act shall take effect in 60 days. |
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