PRINTER'S NO. 1218
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1046
Session of
2017
INTRODUCED BY KORTZ, RAVENSTAHL, NEILSON, McNEILL, READSHAW,
D. COSTA, DEASY AND THOMAS, APRIL 3, 2017
REFERRED TO COMMITTEE ON EDUCATION, APRIL 3, 2017
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, prohibiting
unsafe operation of school buses and school vehicles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1361.1. Unsafe Operation of School Buses and School
Vehicles.--(a) No individual may consume food or beverages or
operate a cellular telephone while operating a school bus or a
school vehicle on any trafficway when the bus or vehicle is in
motion and is transporting one or more children.
(b) The prohibition in subsection (a) does not apply when
the school bus or school vehicle is parked in a safe area off of
a trafficway as defined in 75 Pa.C.S. § 102 (relating to
definitions), the consumption of food or beverages is necessary
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for a medical condition, or in an emergency situation as defined
in subsection (d).
(c) A person who violates this section commits a summary
offense and shall, upon conviction, be sentenced to pay a fine
of not less than fifty dollars ($50) nor more than one hundred
dollars ($100). The fine shall be three hundred dollars ($300)
if the violation causes a vehicular accident.
(d) For purposes of this section:
"Cellular telephone" shall mean a cellular, analog, wireless
or digital two-way communication device that:
(1) Requires the operator to dial numbers or operate
manually.
(2) Includes radio-telephone communications used in cellular
telephone service, personal communication service or the
functional equivalent of a radio-telephone communications line
used in cellular telephone service or a personal communication
service.
The term does not include a two-way radio, a citizens band radio
or a citizens band radio hybrid.
"Emergency situation" shall include an occasion where a call
is made to:
(1) An emergency system response operator or 911 public
safety communications dispatcher.
(2) A hospital or emergency room.
(3) A physician's office or health clinic.
(4) An ambulance or fire department rescue service.
(5) A fire department or volunteer fire department.
(6) A police department.
(7) A school district building or central dispatch.
(8) Emergency roadside assistance agencies or towing or
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repair businesses.
"School bus" shall have the same meaning as under 75 Pa.C.S.
§ 102 (relating to definitions).
"School vehicle" shall have the same meaning as under 75
Pa.C.S. § 102 (relating to definitions).
Section 2. This act shall take effect in 60 days.
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