PRINTER'S NO.  643

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

635

Session of

2011

  

  

INTRODUCED BY WOZNIAK, SOLOBAY, TARTAGLIONE, ERICKSON, YUDICHAK, M. WHITE, BREWSTER, YAW, WASHINGTON AND MENSCH, FEBRUARY 24, 2011

  

  

REFERRED TO TRANSPORTATION, FEBRUARY 24, 2011  

  

  

  

AN ACT

  

1

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

2

Statutes, defining "interactive wireless communications

3

device"; further providing for junior driver's license and

4

for suspension of operating privilege; prohibiting

5

interactive wireless communications devices; and further

6

providing for duty of driver in construction and maintenance

7

areas or on highway safety corridors, for duty of driver in

8

emergency response areas, for accident report forms, for

9

department to compile, tabulate and analyze accident reports,

10

for television equipment and for restraint systems.

11

The General Assembly of the Commonwealth of Pennsylvania

12

declares that the part of this act that limits the number of

13

passengers a junior driver may transport in a motor vehicle at

14

one time may be referred to as Lacey's Law in honor of Lacey

15

Gallagher.

16

The General Assembly of the Commonwealth of Pennsylvania

17

hereby enacts as follows:

18

Section 1.  Section 102 of Title 75 of the Pennsylvania

19

Consolidated Statutes is amended by adding a definition to read:

20

§ 102.  Definitions.

21

Subject to additional definitions contained in subsequent

 


1

provisions of this title which are applicable to specific

2

provisions of this title, the following words and phrases when

3

used in this title shall have, unless the context clearly

4

indicates otherwise, the meanings given to them in this section:

5

* * *

6

"Interactive wireless communication device."  A wireless

7

telephone, personal digital assistant, smart phone, portable or

8

mobile computer or similar device which can be used for voice

9

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

10

instant messaging. The term does not include any of the

11

following:

12

(1)  a device being used exclusively as a global

13

positioning or navigation system;

14

(2)  a system or device that is physically or

15

electronically integrated into the vehicle; or

16

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

17

transit vehicle, bus or school bus.

18

* * *

19

Section 2.  Sections 1503(c) and 1538(e) of Title 75 are

20

amended to read:

21

§ 1503.  Persons ineligible for licensing; license issuance to

22

minors; junior driver's license.

23

* * *

24

(c)  Junior driver's license.--The department may issue a

25

junior driver's license to a person 16 or 17 years of age under

26

rules and regulations adopted by the department and subject to

27

the provisions of this section. A junior driver's license shall

28

automatically become a regular driver's license when the junior

29

driver attains 18 years of age.

30

(1)  Except as provided in paragraph (2), no licensed

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1

junior driver shall drive a vehicle upon a public highway

2

between 11 p.m. and 5 a.m. unless accompanied by a spouse 18

3

years of age or older, a parent or a person in loco parentis.

4

(2)  A licensed junior driver conforming to the

5

requirements of section 1507 (relating to application for

6

driver's license or learner's permit by minor) may drive a

7

vehicle upon a public highway between 11 p.m. and 5 a.m.

8

between the junior driver's home and activity or employment

9

or in the course of the junior driver's activity or

10

employment if the junior driver is a member of a volunteer

11

fire company authorized by the fire chief to engage in

12

fighting fires, is engaged in public or charitable service or

13

is employed and is carrying an affidavit or certificate of

14

authorization signed by the junior driver's fire chief,

15

supervisor or employer indicating the probable schedule of

16

the junior driver's activities. Upon termination of the

17

junior driver's activity or employment, the junior driver

18

shall surrender the affidavit or certificate to the fire

19

chief, supervisor or employer. If the junior driver shall

20

fail to surrender the affidavit or certificate, the employer,

21

fire chief or supervisor shall immediately notify the

22

Pennsylvania State Police.

23

(2.1)  For the first six months after issuance of the

24

junior driver's license, a junior driver shall not drive a

25

vehicle with more than one passenger under 18 years of age

26

who is not a member of the driver's immediate family unless

27

the junior driver is accompanied by a parent or legal

28

guardian. After the expiration of the first six months, a

29

junior driver shall not drive a vehicle with more than three

30

passengers under 18 years of age who are not members of the

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1

driver's immediate family unless the junior driver is

2

accompanied by a parent or legal guardian. A junior driver

3

shall not drive a vehicle with more than one passenger under

4

18 years of age who is not a member of the driver's immediate

5

family unless the junior driver is accompanied by a parent or

6

legal guardian if the junior driver has been involved in an

7

accident reportable under section 3746(a) (relating to

8

immediate notice of accident to police department) for which

9

the junior driver is partially or fully responsible in the

10

opinion of the department or has been convicted of any

11

violation of this title. For purposes of this subsection, a

12

junior driver's immediate family shall include brothers,

13

sisters, stepbrothers or stepsisters of the driver, including

14

adopted or foster children residing in the same household as

15

the junior driver.

16

(3)  In addition to the other provisions of this title

17

relating to the suspension or revocation of operating

18

privileges, in the event that a licensed junior driver is

19

involved in an accident reportable under section 3746(a) for

20

which the junior driver is partially or fully responsible in

21

the opinion of the department or is convicted of any

22

violation of this title, the department may suspend the

23

operating privileges of the junior driver until the junior

24

driver attains 18 years of age or for a period of time not

25

exceeding 90 days.

26

(4)  Any junior driver or other person violating any

27

provision of this subsection is guilty of a summary offense.

28

§ 1538.  School, examination or hearing on accumulation of

29

points or excessive speeding.

30

* * *

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1

(e)  Additional suspension of operating privilege.--

2

(1)  In addition to any other provisions of law relating

3

to the suspension or revocation of operating privileges, a

4

person's operating privileges shall be suspended under any of

5

the following circumstances:

6

(i)  Prior to reaching age 18, the person violates

7

section 3362 (relating to maximum speed limits) by

8

traveling 26 miles per hour or more over the posted speed

9

limit and the violation results in a conviction, guilty

10

plea or plea of no contest before or after the person

11

reaches age 18.

12

(ii)  The person accumulates six or more points under

13

the provisions of section 1535 (relating to schedule of

14

convictions and points) and the violations resulting in

15

points accumulation were committed before the person

16

reached age 18.

17

(2)  The first suspension under paragraph (1) shall be

18

for a period of 90 days with every subsequent suspension

19

under paragraph (1) to be for a period of 120 days.

20

Suspensions under paragraph (1) shall be imposed

21

consecutively to each other and to any other suspension. A

22

suspension under paragraph (1) shall be considered a

23

subsequent suspension even if it is imposed contemporaneously

24

with a first suspension imposed under paragraph (1). A

25

suspension under this paragraph shall be in lieu of a

26

suspension under subsection (d)(1).

27

(3)  An insurer shall treat a suspension of a person

28

under this subsection the same as a person over 18 years of

29

age for a similar violation for the purpose of automobile

30

insurance and may not increase premiums, impose any surcharge

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1

or rate penalty or make any driver record point assignment

2

for automobile insurance in a manner different from that of a

3

person over 18 years of age.

4

Section 3.  Title 75 is amended by adding a section to read:

5

§ 3316.  Prohibiting interactive wireless communication devices.

6

(a)  Drivers subject to restriction.--No person with a

7

learners' permit or junior driver's license shall drive a motor

8

vehicle on a roadway or trafficway in this Commonwealth while

9

using an interactive wireless communication device.

10

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

11

(1)  Persons who use an interactive wireless

12

communication device to contact a 511 service or 911 system 

13

or wireless E-911 service, as defined in the act of July 9,

14

1990 (P.L.340, No.78), known as the Public Safety Emergency

15

Telephone Act.

16

(2)  Persons who use an interactive wireless

17

communication device when the vehicle is stopped due to

18

traffic obstruction and the motor vehicle transmission is in

19

neutral or park.

20

(3)  Operators of emergency vehicles who use an

21

interactive wireless communication device for voice

22

communication for the purpose of responding to an emergency

23

while engaged in the performance of their official duties.

24

(4)  Volunteer emergency responders who use an

25

interactive wireless communication device for voice

26

communication for the purpose of responding to an emergency

27

while engaged in the performance of their official duties.

28

(5)  Amateur radio operators who use an interactive

29

wireless communication device for voice communication.

30

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

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1

construed as authorizing the seizure or forfeiture of an

2

interactive wireless communication device, unless otherwise

3

provided by law.

4

(d)  Penalty.--A person who violates subsection (a) commits a

5

summary offense and shall, upon conviction, be sentenced to pay

6

a fine of $100.

7

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

8

State or local law enforcement agencies shall occur only as a

9

secondary action when a driver of a motor vehicle has been

10

convicted of violating any other provision of this title.

11

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

12

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

13

subsection:

14

"Volunteer emergency responder."  Any of the following:

15

(1)  a member of a volunteer ambulance service as defined

16

in section 102 of the act of July 31, 2003 (P.L.73, No.17),

17

known as the Volunteer Fire Company and Volunteer Ambulance

18

Service Grant Act;

19

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

20

section 102 of the Volunteer Fire Company and Volunteer

21

Ambulance Service Grant Act; or

22

(3)  member of a volunteer rescue company as defined in

23

section 102 of the Volunteer Fire Company and Volunteer

24

Ambulance Service Grant Act.

25

Section 4.  Sections 3326(c), 3327(e) and 3752(a) of Title 75  

26

are amended to read:

27

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

28

on highway safety corridors.

29

* * *

30

(c)  Fines to be doubled.--For any of the following

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1

violations, when committed in an active work zone manned by

2

workers acting in their official capacity or on a highway safety

3

corridor designated under section 6105.1 (relating to

4

designation of highway safety corridors), the fine shall be

5

double the usual amount:

6

Section 3102 (relating to obedience to authorized persons

7

directing traffic).

8

Section 3111 (relating to obedience to traffic-control

9

devices).

10

Section 3112 (relating to traffic-control signals).

11

Section 3114 (relating to flashing signals).

12

Section 3302 (relating to meeting vehicle proceeding in

13

opposite direction).

14

Section 3303 (relating to overtaking vehicle on the left).

15

Section 3304 (relating to overtaking vehicle on the right).

16

Section 3305 (relating to limitations on overtaking on the

17

left).

18

Section 3306 (relating to limitations on driving on left side

19

of roadway).

20

Section 3307 (relating to no-passing zones).

21

Section 3309 (relating to driving on roadways laned for

22

traffic).

23

Section 3310 (relating to following too closely).

24

Section 3316 (relating to prohibiting interactive wireless

25

communication devices).

26

Section 3323 (relating to stop signs and yield signs).

27

Section 3326 (relating to duty of driver in construction and

28

maintenance areas or on highway safety corridors).

29

Section 3361 (relating to driving vehicle at safe speed).

30

Section 3362 (relating to maximum speed limits).

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1

Section 3702 (relating to limitations on backing).

2

Section 3714 (relating to careless driving).

3

Section 3736 (relating to reckless driving).

4

Section 3802 (relating to driving under influence of alcohol

5

or controlled substance).

6

* * *

7

§ 3327.  Duty of driver in emergency response areas.

8

* * *

9

(e)  Fines to be doubled.--In addition to any penalty as

10

provided in subsection (b), the fine for any of the following

11

violations when committed in an emergency response area manned

12

by emergency service responders shall be double the usual

13

amount:

14

Section 3102 (relating to obedience to authorized persons

15

directing traffic).

16

Section 3111 (relating to obedience to traffic-control

17

devices).

18

Section 3114 (relating to flashing signals).

19

Section 3302 (relating to meeting vehicle proceeding in

20

opposite direction).

21

Section 3303 (relating to overtaking vehicle on the left).

22

Section 3304 (relating to overtaking vehicle on the right).

23

Section 3305 (relating to limitations on overtaking on the

24

left).

25

Section 3306 (relating to limitations on driving on left side

26

of roadway).

27

Section 3307 (relating to no-passing zones).

28

Section 3310 (relating to following too closely).

29

Section 3312 (relating to limited access highway entrances

30

and exits).

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1

Section 3316 (relating to prohibiting interactive wireless

2

communication devices).

3

Section 3323 (relating to stop signs and yield signs).

4

Section 3325 (relating to duty of driver on approach of

5

emergency vehicle).

6

Section 3361 (relating to driving vehicle at safe speed).

7

Section 3707 (relating to driving or stopping close to fire

8

apparatus).

9

Section 3710 (relating to stopping at intersection or

10

crossing to prevent obstruction).

11

Section 3714 (relating to careless driving).

12

Section 3736 (relating to reckless driving).

13

Section 3802 (relating to driving under influence of alcohol

14

or controlled substance).

15

* * *

16

§ 3752.  Accident report forms.

17

(a)  Form and content.--The department shall prepare and upon

18

request supply to all law enforcement agencies and other

19

appropriate agencies or individuals, forms for written accident

20

reports as required in this subchapter suitable with respect to

21

the persons required to make the reports and the purposes to be

22

served. The written report forms shall call for sufficiently

23

detailed information to disclose with reference to a vehicle

24

accident the cause, conditions then existing and the persons and

25

vehicles involved[.], including whether the driver of the

26

vehicle was using an interactive wireless communication device

27

when the accident occurred, and such other information as the

28

department may require. Reports for use by the drivers and

29

owners shall also provide for information relating to financial

30

responsibility.

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1

* * *

2

Section 5.  Section 3753 of Title 75 is amended by adding a

3

subsection to read:

4

§ 3753.  Department to compile, tabulate and analyze accident

5

reports.

6

* * *

7

(b.1)  Certain reports.--The department shall annually

8

compile and make available to the public information submitted

9

on an accident report concerning interactive wireless

10

communication devices in motor vehicles involved in traffic

11

accidents. The report shall note whether the driver of the motor

12

vehicle was using an interactive wireless communication device

13

when the accident occurred. The department shall biannually

14

compile and make available to the public information submitted

15

on an accident report concerning junior drivers with multiple

16

passengers under 18 years of age and the use of seat belts by

17

drivers and passengers under 18 years of age in motor vehicles

18

involved in traffic accidents. The report shall note the number

19

of passengers under 18 years of age if the driver involved in

20

the accident was a junior driver and whether drivers and

21

passengers under 18 years of age utilized a safety belt system. 

22

The data shall be included in a report submitted to the

23

Transportation Committee of the Senate and the Transportation

24

Committee of the House of Representatives.

25

* * *

26

Section 6.  Sections 4527 and 4581(a) and (b) of Title 75 are

27

amended to read:

28

§ 4527.  [Television] Video receiving equipment.

29

(a)  General rule.--[No] Except as provided in subsection

30

(b), no person shall drive a motor vehicle [operated on a

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1

highway shall be] equipped with [television-type] any image

2

display device, video receiving equipment, including a receiver,

3

a video monitor or a television or video screen capable of

4

displaying a television broadcast or video signal that produces

5

entertainment or business applications or similar equipment

6

which is located in the motor vehicle at any point forward of

7

the back of the driver's seat [or otherwise], or which is 

8

visible, directly or indirectly, to the driver while operating

9

the motor vehicle.

10

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

11

install in a motor vehicle an image display device intended to

12

be visible to a driver in the normal driving position when the

13

vehicle is in motion and when restrained by the safety seat belt

14

system adjusted in accordance with the manufacturer's

15

recommendations.

16

(b)  Exception.--This section shall not apply to the

17

following:

18

(1)  [Television-type receiving equipment] Image display

19

devices in a vehicle used exclusively for safety or law

20

enforcement purposes as approved by the Pennsylvania State

21

Police.

22

(2)  [Electronic displays] Image display devices used in

23

conjunction with in-vehicle navigation systems, related

24

traffic, road and weather information.

25

(3)  Image display devices that provide vehicle

26

information related to the driving task or to enhance or

27

supplement the driver's view forward, behind or to the sides

28

of the motor vehicle or permit the driver to monitor vehicle

29

occupants behind the driver.

30

(4)  Image display devices that do not display images to

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1

the driver while the vehicle is in motion.

2

(5)  Image display devices which display an image while a

3

vehicle is parked.

4

(c)  Definitions.--As used in this section, the term "image

5

display device" means equipment capable of displaying to the

6

driver of the motor vehicle:

7

(1)  a broadcast television image; or

8

(2)  a visual image, other than text, from a digital

9

video disc or other storage device.

10

§ 4581.  Restraint systems.

11

(a)  Occupant protection.--

12

(1)  Any person who is operating a passenger car, Class I

13

truck, Class II truck, classic motor vehicle, antique motor

14

vehicle or motor home and who transports a child under four

15

years of age anywhere in the motor vehicle, including the

16

cargo area, shall fasten such child securely in a child

17

passenger restraint system, as defined in subsection (d).

18

This subsection shall apply to all persons while they are

19

operators of motor vehicles where a seating position is

20

available which is equipped with a seat safety belt or other

21

means to secure the systems or where the seating position was

22

originally equipped with seat safety belts.

23

(1.1)  Any person who is operating a passenger car, Class

24

I truck, Class II truck, classic motor vehicle, antique motor

25

vehicle or motor home and who transports a child four years

26

of age or older but under eight years of age anywhere in the

27

motor vehicle, including the cargo area, shall fasten such

28

child securely in a fastened safety seat belt system and in

29

an appropriately fitting child booster seat, as defined in

30

subsection (d). This paragraph shall apply to all persons

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1

while they are operators of motor vehicles where a seating

2

position is available which is equipped with a seat safety

3

belt or other means to secure the systems or where the

4

seating position was originally equipped with seat safety

5

belts. [A conviction under this paragraph by State or local

6

law enforcement agencies shall occur only as a secondary

7

action when a driver of a motor vehicle has been convicted of

8

violating any other provision of this title.]

9

(2)  [Except for children under eight years of age and

10

except as provided in paragraphs (1) and (1.1), each]

11

(i)  The driver [and front seat occupant] of a

12

passenger car, Class I truck, Class II truck or motor

13

home operated in this Commonwealth shall [wear] secure or

14

cause to be secured in a properly adjusted and fastened

15

safety seat belt system for the driver, if under 18 years

16

of age, and every vehicle occupant eight years of age or

17

older but under 18 years of age. [A conviction under this

18

paragraph by State or local law enforcement agencies

19

shall occur only as a secondary action when a driver of a

20

motor vehicle has been convicted of any other provision

21

of this title. The driver of a passenger automobile shall

22

secure or cause to be secured in a properly adjusted and

23

fastened safety seat belt system any occupant who is

24

eight years of age or older and less than 18 years of

25

age.]

26

(ii)  Except for children under 18 years of age and

27

except as provided in paragraphs (1) and (1.1) and

28

subparagraph (i), each driver and front seat occupant of

29

a passenger car, Class I truck, Class II truck, classic

30

motor vehicle, antique motor vehicle or motor home

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1

operated in this Commonwealth shall wear a properly

2

adjusted and fastened safety seat belt system.

3

(iii)  This paragraph shall not apply to:

4

[(i)] (A)  A driver or front seat occupant of any

5

vehicle manufactured before July 1, 1966.

6

[(ii)] (B)  A driver or front seat occupant who

7

possesses a written verification from a physician

8

that he is unable to wear a safety seat belt system

9

for physical or medical reasons, or from a

10

psychiatrist or other specialist qualified to make an

11

informed judgment that he is unable to wear a safety

12

seat belt system for psychological reasons.

13

[(iii)] (C)  A rural letter carrier while

14

operating any motor vehicle during the performance of

15

his duties as a United States postal service rural

16

letter carrier only between the first and last

17

delivery points.

18

[(iv)] (D)  A driver who makes frequent stops and

19

is traveling less than 15 miles per hour for the

20

purpose of delivering goods or services while in the

21

performance of his duties and only between the first

22

and last delivery points.

23

A violation of this paragraph shall not be subject to the

24

assessment of any points under section 1535 (relating to

25

schedule of convictions and points).

26

(3)  A driver who is under 18 years of age may not

27

operate a motor vehicle in which the number of passengers

28

exceeds the number of available safety seat belts in the

29

vehicle.

30

(b)  Offense.--Anyone who fails to comply with the provisions

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1

of subsection (a)(1) or (1.1) shall be guilty of a summary

2

offense with a maximum fine of $100. The court imposing and

3

collecting any such fines shall transfer the fines thus

4

collected to the State Treasurer for deposit in the Child

5

Passenger Restraint Fund, pursuant to section 4582 (relating to

6

Child Passenger Restraint Fund). Anyone who violates subsection

7

(a)(2) or (3) commits a summary offense and shall, upon

8

conviction, be sentenced to pay a fine of $10. No person shall

9

be convicted of a violation of subsection [(a)(2)] (a)(2)(ii) 

10

unless the person is also convicted of another violation of this

11

title which occurred at the same time. No costs as described in

12

42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for

13

summary conviction of subsection (a)(2) or (3). Conviction under

14

this subsection shall not constitute a moving violation.

15

* * *

16

Section 7.  This act shall take effect in 60 days.

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