AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, further defining "interactive wireless
3communications device"; prohibiting use of interactive 
4wireless communications device; and further providing for 
5duty of driver in construction and maintenance areas or on 
6highway safety corridors and for duty of driver in emergency 
7response areas.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. The definition of "interactive wireless
11communications device" in section 102 of Title 75 of the
12Pennsylvania Consolidated Statutes is amended to read:

13§ 102. Definitions.

14Subject to additional definitions contained in subsequent
15provisions of this title which are applicable to specific
16provisions of this title, the following words and phrases when
17used in this title shall have, unless the context clearly
18indicates otherwise, the meanings given to them in this section:

19* * *

1"Interactive wireless communications device." A wireless
2telephone, personal digital assistant, smart phone, portable or
3mobile computer or similar device which can be used for voice
4communication, texting, e-mailing, browsing the Internet or
5instant messaging. The term does not include any of the
6following:

7(1) a device being used exclusively as a global
8positioning or navigation system;

9(2) a system or device that is physically or
10electronically integrated into the vehicle; [or]

11(3) a communications device that is affixed to a mass
12transit vehicle, bus or school bus[.]; or

13(4) an amateur radio or a citizens band radio.

14* * *

15Section 2. Section 3316 of Title 75 is amended to read:

16§ 3316. Prohibiting [text-based communications] use of 
17interactive wireless communications device.

18(a) Prohibition.--[No driver]

19(1) Except as provided in subsection (b), no person
20shall [operate] drive a motor vehicle on a [highway] roadway
21or trafficway in this Commonwealth while using an interactive
22wireless communications device [to send, read or write a
23text-based communication while the vehicle is in motion. A
24person does not send, read or write a text-based
25communication when the person reads, selects or enters a
26telephone number or name in an interactive wireless
27communications device for the purpose of activating or
28deactivating a voice communication or a telephone call.] for 
29a purpose other than:

30(i) voice communication through the use of an

1interactive wireless communications device while in
2hands-free mode;

3(ii) reading, selecting or entering a telephone
4number or name into an interactive wireless
5communications device for the purpose of voice
6communication; or

7(iii) utilizing a global positioning or navigation
8system.

9(2) No person with a learner's permit or junior driver's
10license shall drive a motor vehicle upon a roadway or
11trafficway in this Commonwealth while using an interactive
12wireless communications device.

13(b) [(Reserved).] Exceptions.--This section shall not apply 
14to:

15(1) A person using an interactive wireless
16communications device to contact a 911 system or wireless E-
17911 service, as defined in 35 Pa.C.S. § 5302 (relating to
18definitions).

19(2) A person using an interactive wireless
20communications device when the vehicle is stopped due to a
21traffic obstruction and the motor vehicle transmission is in
22neutral or park.

23(3) Operators of emergency vehicles who use an
24interactive wireless communications device for voice
25communication for the purpose of responding to an emergency
26while engaged in the performance of their official duties.

27(4) Volunteer emergency responders who use an
28interactive wireless communications device for voice
29communication for the purpose of responding to an emergency
30while engaged in the performance of their official duties.

1(c) Seizure.--The provisions of this section shall not be
2construed as authorizing the seizure or forfeiture of an
3interactive wireless communications device, unless otherwise
4provided by law.

5(d) Penalty.--

6(1) A person who violates subsection (a) commits a
7summary offense and shall, upon conviction, be sentenced to
8pay a fine of $50.

9(2) A person who violates subsection (a) while passing
10through a school zone, as defined and provided under the
11regulations of the department, commits a summary offense and
12shall, upon conviction, be sentenced to pay a fine of $100.
13An official traffic-control device shall indicate the
14beginning and end of each school zone to traffic approaching
15in each direction. Establishment of a school zone, including
16its location and hours of operation, shall be approved by the
17department.

18(e) Preemption of local ordinances.--In accordance with
19section 6101 (relating to applicability and uniformity of
20title), this section supersedes and preempts all ordinances of
21any municipality with regard to the use of an interactive
22wireless communications device by the driver of a motor vehicle.

23(e.1) Public education and awareness programs.--The
24department shall develop and maintain Statewide public education
25and awareness programs to combat distracted driving and promote
26awareness of the provisions of this section.

27(f) [Definition.--As used in this section, the term "text-
28based communication" means a text message, instant message,
29electronic mail or other written communication composed or
30received on an interactive wireless communications device.]

1Definitions.--As used in this section, the following words and 
2phrases shall have the meanings given to them in this subsection 
3unless the context clearly indicates otherwise:

4"Hands-free mode." The use of an interactive wireless
5communications device that allows the user to engage in
6communication without the use of either hand by means of an
7internal feature or function or an attachment or device.

8"Volunteer emergency responder." Any of the following:

9(1) A member of a volunteer ambulance service as defined
10in 35 Pa.C.S. § 7363 (relating to definitions).

11(2) A member of a volunteer fire company as defined in
1235 Pa.C.S. § 7363.

13(3) A member of a volunteer rescue service as defined in
1435 Pa.C.S. § 7363.

15Section 3. Sections 3326(c) and 3327(e) of Title 75 are 
16amended to read:

17§ 3326. Duty of driver in construction and maintenance areas or
18on highway safety corridors.

19* * *

20(c) Fines to be doubled.--For any of the following
21violations, when committed in an active work zone manned by
22workers acting in their official capacity or on a highway safety
23corridor designated under section 6105.1 (relating to
24designation of highway safety corridors), the fine shall be
25double the usual amount:

26Section 3102 (relating to obedience to authorized persons
27directing traffic).

28Section 3111 (relating to obedience to traffic-control
29devices).

30Section 3112 (relating to traffic-control signals).

1Section 3114 (relating to flashing signals).

2Section 3302 (relating to meeting vehicle proceeding in
3opposite direction).

4Section 3303 (relating to overtaking vehicle on the left).

5Section 3304 (relating to overtaking vehicle on the right).

6Section 3305 (relating to limitations on overtaking on the
7left).

8Section 3306 (relating to limitations on driving on left side
9of roadway).

10Section 3307 (relating to no-passing zones).

11Section 3309 (relating to driving on roadways laned for
12traffic).

13Section 3310 (relating to following too closely).

14Section 3316 (relating to prohibiting use of interactive
15wireless communications device).

16Section 3323 (relating to stop signs and yield signs).

17Section 3326 (relating to duty of driver in construction and
18maintenance areas or on highway safety corridors).

19Section 3361 (relating to driving vehicle at safe speed).

20Section 3362 (relating to maximum speed limits).

21Section 3702 (relating to limitations on backing).

22Section 3714 (relating to careless driving).

23Section 3736 (relating to reckless driving).

24Section 3802 (relating to driving under influence of alcohol
25or controlled substance).

26* * *

27§ 3327. Duty of driver in emergency response areas.

28* * *

29(e) Fines to be doubled.--In addition to any penalty as
30provided in subsection (b), the fine for any of the following

1violations when committed in an emergency response area manned
2by emergency service responders shall be double the usual
3amount:

4Section 3102 (relating to obedience to authorized persons
5directing traffic).

6Section 3111 (relating to obedience to traffic-control
7devices).

8Section 3114 (relating to flashing signals).

9Section 3302 (relating to meeting vehicle proceeding in
10opposite direction).

11Section 3303 (relating to overtaking vehicle on the left).

12Section 3304 (relating to overtaking vehicle on the right).

13Section 3305 (relating to limitations on overtaking on the
14left).

15Section 3306 (relating to limitations on driving on left side
16of roadway).

17Section 3307 (relating to no-passing zones).

18Section 3310 (relating to following too closely).

19Section 3312 (relating to limited access highway entrances
20and exits).

21Section 3316 (relating to prohibiting use of interactive
22wireless communications device).

23Section 3323 (relating to stop signs and yield signs).

24Section 3325 (relating to duty of driver on approach of
25emergency vehicle).

26Section 3361 (relating to driving vehicle at safe speed).

27Section 3707 (relating to driving or stopping close to fire
28apparatus).

29Section 3710 (relating to stopping at intersection or
30crossing to prevent obstruction).

1Section 3714 (relating to careless driving).

2Section 3736 (relating to reckless driving).

3Section 3802 (relating to driving under influence of alcohol
4or controlled substance).

5* * *

6Section 4. This act shall take effect in 60 days.