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PRINTER'S NO. 215
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
153
Session of
2015
INTRODUCED BY TEPLITZ, WOZNIAK, BLAKE, HUGHES, SMITH, YUDICHAK
AND COSTA, JANUARY 26, 2015
REFERRED TO TRANSPORTATION, JANUARY 26, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, prohibiting
certain calls on handheld mobile telephones; and imposing a
duty on the Department of Transportation relating to a public
awareness program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3317. Prohibiting calls on handheld mobile telephones.
(a) General rule.--Except as otherwise provided in this
section, no person shall operate a motor vehicle on a highway or
trafficway in this Commonwealth while using a handheld mobile
telephone to engage in a call while such vehicle is in motion.
(b) Presumption.--
(1) An operator of a motor vehicle who holds a handheld
mobile telephone to or in the immediate proximity of the
operator's ear while the motor vehicle is in motion is
presumed to be engaging in a call within the meaning of this
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section.
(2) The presumption established by this subsection is
rebuttable by evidence which shows that the operator was not
engaged in a call.
(3) The provisions of this subsection shall not be
construed as authorizing the seizure or forfeiture of a
handheld mobile telephone or a mobile electronic device,
unless otherwise provided by law.
(c) Nonapplicability.--Subsection (a) shall not apply to:
(1) The use of a handheld mobile telephone for the sole
purpose of communicating with any of the following regarding
an emergency situation:
(i) an emergency response operator;
(ii) a hospital, physician's office or health
clinic;
(iii) an ambulance company;
(iv) a fire department; or
(v) a police department.
(2) Any of the following persons while in the
performance of their official duties and within the scope of
their employment:
(i) a law enforcement officer;
(ii) a firefighter or an operator of an ambulance or
authorized emergency vehicle; or
(iii) a member of the armed forces of the United
States while operating a military vehicle.
(3) The use of a handheld radio by a person with an
amateur radio station license issued by the Federal
Communications Commission.
(4) The use of a hands-free mobile telephone.
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(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 for the first violation, $100 for a second
violation and $150 for a third or subsequent violation.
(2) No person shall be convicted of a violation of
subsection (a) unless the person is also convicted of another
violation of this title which occurred at the same time. No
costs as described in 42 Pa.C.S. § 1725.1 (relating to costs)
shall be imposed for summary conviction of subsection (a).
Conviction of the summary offense under this section shall
not constitute a moving violation.
(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 a handheld mobile
telephone by the operator of a motor vehicle.
(f) 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:
"Engage in a call." Talking into or listening on a handheld
mobile telephone. The term does not include holding a handheld
mobile telephone to activate, deactivate or initiate a function
of such telephone.
"Hands-free accessory." An attachment, add-on, built-in
feature or addition to a mobile telephone, whether or not
permanently installed in a motor vehicle, that when used allows
the vehicle operator to maintain both hands on the steering
wheel.
"Hands-free mobile telephone." A handheld mobile telephone
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that has an internal feature or function or that is equipped
with an attachment or addition, whether or not permanently part
of such handheld mobile telephone, by which a user engages in a
call without the use of either hand, whether or not the use of
either hand is necessary to activate, deactivate or initiate a
function of such telephone.
"Handheld mobile telephone." A mobile telephone with which a
user engages in a call using at least one hand.
"Immediate proximity." The distance that permits an operator
of a handheld mobile telephone to hear telecommunications
transmitted over such handheld mobile telephone, but does not
require physical contact with the operator's ear.
"Mobile electronic device." Any handheld or other portable
electronic equipment capable of providing data communication
between two or more persons, including a text messaging device,
a paging device, a personal digital assistant, a laptop
computer, equipment that is capable of playing a video game or a
digital video disk or equipment on which digital photographs are
taken or transmitted, or any combination thereof. The term does
not include any audio equipment or equipment installed in a
motor vehicle for the purpose of providing navigation, emergency
assistance to the operator of such motor vehicle or video
entertainment to the passengers in the rear seats of such motor
vehicle.
"Mobile telephone." A cellular, analog, wireless or digital
telephone capable of sending or receiving telephone
communications without an access line for service.
"Using" or "use." Holding a handheld mobile telephone to or
in the immediate proximity of the user's ear.
Section 2. The Department of Transportation shall develop
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and implement a comprehensive public awareness program designed
to educate the citizens of this Commonwealth regarding the
provisions of 75 Pa.C.S. § 3317.
Section 3. This act shall take effect as follows:
(1) The addition of 75 Pa.C.S. § 3317 shall take effect
in six months.
(2) The remainder of this act shall take effect
immediately.
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