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PRIOR PRINTER'S NO. 2261
PRINTER'S NO. 3460
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1684
Session of
2017
INTRODUCED BY R. BROWN, BOBACK, D. COSTA, SCHLEGEL CULVER,
DeLUCA, EMRICK, W. KELLER, MARSHALL, MENTZER, MILLARD,
O'NEILL, SCHLOSSBERG, SOLOMON, STAATS, STURLA, TOOHIL,
WATSON, COMITTA, HICKERNELL, McCLINTON, HARPER, DEAN,
BRADFORD, BARBIN AND DONATUCCI, JULY 27, 2017
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 30, 2018
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, IN GENERAL PROVISIONS, FURTHER PROVIDING FOR
DEFINITIONS; in licensing of drivers, further providing for
LEARNERS' PERMITS AND FOR schedule of convictions and points;
in rules of the road in general, prohibiting calls on hand-
held mobile telephones; and imposing a penalty. USE OF
INTERACTIVE WIRELESS COMMUNICATIONS DEVICES, IMPOSING
PENALTIES AND ESTABLISHING THE DRIVER DISTRACTION AWARENESS
FUND; AND, IN OPERATION OF VEHICLES MISCELLANEOUS PROVISIONS,
FURTHER PROVIDING FOR THE OFFENSE OF CARELESS DRIVING.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1535(a) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
SECTION 1. THE DEFINITION OF "INTERACTIVE WIRELESS
COMMUNICATIONS DEVICE" IN SECTION 102 OF TITLE 75 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
§ 102. DEFINITIONS.
SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
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PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
* * *
"INTERACTIVE WIRELESS COMMUNICATIONS DEVICE." A WIRELESS
TELEPHONE, PERSONAL DIGITAL ASSISTANT, SMART PHONE, PORTABLE OR
MOBILE COMPUTER OR SIMILAR DEVICE WHICH CAN BE USED FOR VOICE
COMMUNICATION, TEXTING, E-MAILING, BROWSING THE INTERNET OR
INSTANT MESSAGING. THE TERM DOES NOT INCLUDE ANY OF THE
FOLLOWING:
(1) A DEVICE BEING USED EXCLUSIVELY AS A GLOBAL
POSITIONING OR NAVIGATION SYSTEM;
(2) A SYSTEM OR DEVICE THAT IS PHYSICALLY OR
ELECTRONICALLY INTEGRATED INTO THE VEHICLE; [OR]
(3) A COMMUNICATIONS DEVICE THAT IS AFFIXED TO A MASS
TRANSIT VEHICLE, BUS OR SCHOOL BUS[.]; OR
(4) A HAND-HELD RADIO BEING USED BY A PERSON WITH AN
AMATEUR RADIO STATION LICENSE ISSUED BY THE FEDERAL
COMMUNICATIONS COMMISSION.
* * *
SECTION 2. SECTIONS 1505(E)(2) AND 1535(A) OF TITLE 75 OF
THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
§ 1505. LEARNERS' PERMITS.
* * *
(E) AUTHORIZATION TO TEST FOR DRIVER'S LICENSE AND JUNIOR
DRIVER'S LICENSE.--A PERSON WITH A LEARNER'S PERMIT IS
AUTHORIZED TO TAKE THE EXAMINATION FOR A REGULAR OR JUNIOR
DRIVER'S LICENSE FOR THE CLASS OF VEHICLE FOR WHICH A PERMIT IS
HELD. BEFORE A PERSON UNDER THE AGE OF 18 YEARS MAY TAKE THE
EXAMINATION FOR A JUNIOR DRIVER'S LICENSE, INCLUDING A CLASS M
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LICENSE TO OPERATE A MOTORCYCLE, THE MINOR MUST:
* * *
(2) PRESENT TO THE DEPARTMENT A CERTIFICATION FORM
SIGNED BY THE FATHER, MOTHER, GUARDIAN, PERSON IN LOCO
PARENTIS OR SPOUSE OF A MARRIED MINOR STATING THAT THE MINOR
APPLICANT HAS:
(I) COMPLETED 65 HOURS OF PRACTICAL DRIVING
EXPERIENCE ACCOMPANIED AS REQUIRED UNDER SUBSECTION (B);
[AND]
(II) EXCEPT FOR A CLASS M LICENSE TO OPERATE A
MOTORCYCLE, THE 65 HOURS INCLUDED NO LESS THAN TEN HOURS
OF NIGHTTIME DRIVING AND FIVE HOURS OF INCLEMENT WEATHER
DRIVING[.]; AND
(III) VIEWED EDUCATIONAL MATERIALS ON THE DANGERS OF
DISTRACTED DRIVING, WHICH MAY INCLUDE, BUT ARE NOT
LIMITED TO, WRITTEN, ELECTRONIC OR VIDEO MATERIALS.
* * *
§ 1535. Schedule of convictions and points.
(a) General rule.--A point system for driver education and
control is hereby established which is related to other
provisions for use, suspension and revocation of the operating
privilege as specified under this title. Every driver licensed
in this Commonwealth who is convicted of any of the following
offenses shall be assessed points as of the date of violation in
accordance with the following schedule:
Section Number Offense Points
1512
Violation of restriction on
driver's license. 2
1571 Violation concerning license. 3
1622 VIOLATION OF HAND-HELD MOBILE
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TELEPHONE. 2
3102
Failure to obey policeman or
authorized person. 2
3111.1 Obedience to traffic-control
devices warning of hazardous
conditions. 2
3112(a)(3)(i)
or (ii)
Failure to stop for a red
light. 3
3114(a)(1)
Failure to stop for a flashing
red light. 3
3302
Failure to yield half of
roadway to oncoming vehicle. 3
3303 Improper passing. 3
3304 Other improper passing. 3
3305 Other improper passing. 3
3306(a)(1) Other improper passing. 4
3306(a)(2) Other improper passing. 3
3306(a)(3) Other improper passing. 3
3307 Other improper passing. 3
3310
3317
Following too closely.
Prohibiting calls on hand-held
mobile telephones.
3
3
3310 FOLLOWING TOO CLOSELY. 3
3317 PROHIBITING USE OF INTERACTIVE
WIRELESS COMMUNICATIONS
DEVICES. 2
3321
Failure to yield to driver on
the right at intersection. 3
3322
Failure to yield to oncoming
driver when making left turn. 3
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3323(b) Failure to stop for stop sign. 3
3323(c)
Failure to yield at yield
sign. 3
3324
Failure to yield when entering
or crossing roadway between
intersections. 3
3332 Improper turning around. 3
3341(a)
Failure to obey signal
indicating approach of train. 2
3341(b)
Failure to comply with
crossing gate or barrier. 4
(and 30 days' suspension)
3342(b) or (e)
Failure to stop at railroad
crossings. 4
3344
Failure to stop when entering
from alley, driveway or
building. 3
3345(a)
Failure to stop for school bus
with flashing red lights. 5
(and 60 days' suspension)
3361
Driving too fast for
conditions. 2
3362
Exceeding maximum speed.--Over
Limit:
6-10 2
11-15 3
16-25 4
26-30 5
31-over 5
(and departmental hearing
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and sanctions provided
under section 1538(d))
3365(b)
Exceeding special speed limit
in school zone. 3
(and 60 days' suspension
for a second or subsequent
offense)
3365(c)
Exceeding special speed limit
for trucks on downgrades. 3
3542(a)
Failure to yield to pedestrian
in crosswalk. 2
3547
Failure to yield to pedestrian
on sidewalk. 3
3549(a)
Failure to yield to blind
pedestrian. 3
3702 Improper backing. 3
3714(a) Careless driving. 3
3745
Leaving scene of accident
involving property damage
only. 4
* * *
Section 2 3. Title 75 is amended by adding a section
SECTIONS to read:
§ 3317. Prohibiting calls on hand-held mobile telephones. USE
OF INTERACTIVE WIRELESS COMMUNICATIONS DEVICES.
(a) Prohibitions.--
(1) 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 hand-held
mobile telephone to engage in a call AN INTERACTIVE WIRELESS
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COMMUNICATIONS DEVICE while the vehicle is in motion.
(2) No person under 18 years of age shall use any hand-
held mobile telephone INTERACTIVE WIRELESS COMMUNICATIONS
DEVICE , including one with a hands-free accessory, while
operating a moving motor vehicle on a highway or trafficway
in this Commonwealth.
(b) Presumption.--
(1) An operator of a motor vehicle who holds a hand-held
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
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 hand-
held mobile telephone or a mobile electronic device, unless
otherwise provided by law.
(B) PRESUMPTION.--AN OPERATOR OF A MOTOR VEHICLE WHO HOLDS
AN INTERACTIVE WIRELESS COMMUNICATIONS DEVICE WHILE THE MOTOR
VEHICLE IS IN MOTION IS PRESUMED TO BE USING AN INTERACTIVE
WIRELESS COMMUNICATIONS DEVICE WITHIN THE MEANING OF THIS
SECTION.
(c) Nonapplicability.--Subsection (a) shall not apply to:
(1) The use of a hand-held mobile telephone AN
INTERACTIVE WIRELESS COMMUNICATIONS DEVICE for the sole
purpose of communicating with any of the following regarding
an emergency situation if the vehicle is not equipped with
hands-free technology:
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(i) a fire department; or
(ii) a police department . ; OR
(III) A PUBLIC SAFETY ANSWERING POINT, AS DEFINED IN
35 PA.C.S. § 5302 (RELATING TO DEFINITIONS).
(2) Any of the following persons while in the
performance of their official duties and within the scope of
their employment if the vehicle is not equipped with hands-
free technology:
(i) a law enforcement officer;
(ii) a first responder; or
(iii) a member of the armed forces of the United
States while operating a military vehicle.
(3) The use of a hand-held radio by a person with an
amateur radio station license issued by the Federal
Communications Commission.
(4) (2) The use of a hands-free mobile telephone.
INTERACTIVE WIRELESS COMMUNICATIONS DEVICE, EXCEPT AS
PROHIBITED UNDER SUBSECTION (A)(2).
(d) Penalty.--A person who violates subsection (a) commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of $50. A person who commits a second or subsequent
offense shall, upon conviction, be sentenced to pay a fine of
$100.
(e) 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 hand-held
mobile telephone. The term does not include holding a hand-held
mobile telephone to activate, deactivate or initiate a function
of the telephone.
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"Hand-held mobile telephone." A mobile telephone with which
a user engages in a call using at least one hand.
"Hands-free accessory." An attachment, add-on, built-in
feature or addition to a mobile telephone AN INTERACTIVE
WIRELESS COMMUNICATIONS DEVICE , 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 hand-held mobile telephone
INTERACTIVE WIRELESS COMMUNICATIONS DEVICE." A HAND-HELD
INTERACTIVE WIRELESS COMMUNICATIONS DEVICE that has an internal
feature or function or that is equipped with an attachment or
addition, whether or not permanently part of the hand-held
mobile telephone INTERACTIVE WIRELESS COMMUNICATIONS DEVICE , 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 the telephone.
"Immediate proximity." The distance that permits an operator
of a hand-held mobile telephone to hear telecommunications
transmitted over the hand-held mobile telephone, but does not
require physical contact with the operator's ear.
"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 hand-held mobile telephone to or
in the immediate proximity of the user's ear.
§ 3318. DRIVER DISTRACTION AWARENESS FUND.
(A) FUND ESTABLISHED.--THE DRIVER DISTRACTION AWARENESS FUND
IS ESTABLISHED IN THE MOTOR LICENSE FUND AS A SPECIAL RESTRICTED
RECEIPTS ACCOUNT. THE FUND SHALL CONSIST OF DEPOSITS FROM THE
FOLLOWING SOURCES:
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(1) ONE-HALF OF THE FINE ASSESSED UNDER SECTION 3317(D)
(RELATING TO PROHIBITING USE OF INTERACTIVE WIRELESS
COMMUNICATIONS DEVICES).
(2) ALL OF THE FINE ASSESSED UNDER SECTION 3714(E)
(RELATING TO CARELESS DRIVING).
(3) FEDERAL FUNDS GRANTED FOR CARELESS DRIVING
PREVENTION.
(4) MONEY DONATED TO THE FUND.
(B) USE OF FUND.--THE FUND SHALL BE USED SOLELY FOR THE
PURPOSE OF THE EDUCATIONAL PROGRAM ESTABLISHED IN SUBSECTION
(C). MONEY IN THE FUND IS APPROPRIATED TO THE DEPARTMENT FOR THE
PURPOSES OF THIS SECTION.
(C) EDUCATIONAL PROGRAM.--THE DEPARTMENT SHALL ESTABLISH AN
EDUCATIONAL PROGRAM TO BEGIN IMMEDIATELY TO ALERT THE PUBLIC TO
THE REQUIREMENTS AND PENALTIES UNDER SECTIONS 3317 AND 3714(E).
THE PROGRAM SHALL ALSO ENCOURAGE MOTORISTS TO ELIMINATE
DISTRACTIONS IN THE VEHICLE AS A MEANS OF REDUCING THE RISK OF
HARM TO THEMSELVES AND OTHERS.
(D) DEFINITION.--AS USED IN THIS SECTION, THE TERM "FUND"
MEANS THE DRIVER DISTRACTION AWARENESS FUND.
SECTION 4. SECTION 3714 OF TITLE 75 IS AMENDED BY ADDING
SUBSECTIONS TO READ:
§ 3714. CARELESS DRIVING.
* * *
(E) ADDITIONAL FINE FOR DISTRACTED DRIVER.--
(1) A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION
AND AT THE TIME OF THE VIOLATION IS DISTRACTED BY ANY TASK OR
ITEM, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING,
SHALL, IN ADDITION TO ANY OTHER PENALTY IMPOSED, BE SENTENCED
TO PAY A FINE OF $25:
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(I) AN INTERACTIVE WIRELESS COMMUNICATIONS DEVICE.
(II) AN ELECTRONIC, ELECTRICAL OR MECHANICAL DEVICE.
(III) A PERSONAL GROOMING DEVICE.
(IV) FOOD.
(V) DRINK.
(VI) PRINTED MATERIAL.
(2) THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO
ANY PERSON UNLESS THE PERSON IS CONVICTED UNDER SUBSECTION
(A), (B) OR (C) FOR A VIOLATION THAT OCCURRED AT THE SAME
TIME. NO COSTS AS DESCRIBED UNDER 42 PA.C.S. § 1725.1
(RELATING TO COSTS) MAY BE IMPOSED ON ACCOUNT OF AN INCREASED
FINE UNDER THIS SUBSECTION. APPLICATION OF THIS SUBSECTION
DOES NOT CONSTITUTE A MOVING VIOLATION.
(3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, FINES COLLECTED UNDER THIS SUBSECTION SHALL BE PAID
TO THE COMMONWEALTH FOR DEPOSIT INTO THE DRIVER DISTRACTION
AWARENESS FUND.
(F) REPORT.--THE DEPARTMENT SHALL SUBMIT TO THE GENERAL
ASSEMBLY A REPORT ON THE EFFECTS OF SUBSECTION (E) NO LATER THAN
ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION.
(G) DEFINITION.--AS USED IN THIS SECTION, THE TERM
"DISTRACTED" MEANS HAVING A PERSON'S ATTENTION DIVERTED FROM
OPERATING A VEHICLE.
Section 3 5. This act shall take effect in 180 days.
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