PRINTER'S NO. 757
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
721
Session of
2019
INTRODUCED BY DeLUCA, HILL-EVANS, ISAACSON, MURT, MILLARD,
SCHLOSSBERG, KINSEY AND NEILSON, MARCH 6, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 6, 2019
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in rules of the road in general, providing for
prohibiting use of handheld mobile telephones.
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:
ยง 3318. Prohibiting use of handheld mobile telephones.
(a) General rule.--Except as provided in subsection (b), no
driver shall operate a moving vehicle on a highway of this
Commonwealth, which shall include a Federal, State and municipal
highway, while using a handheld mobile telephone.
(b) Exception.--This section does not apply to law
enforcement officers and operators of emergency vehicles when on
duty and acting in their official capacities.
(c) Defense.--It shall be a defense to an action under this
section that the driver had reason to fear for the driver's
safety, was reporting a traffic accident or was making a 911
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emergency call.
(d) Penalty.--A person who violates this section commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of $50.
(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:
"Handheld mobile telephone." A mobile telephone other than a
hands-free mobile telephone with which a user engages in a call
using at least one hand.
"Hands-free mobile telephone." A mobile telephone that has
an internal feature or function, or that is equipped with an
attachment or addition, whether or not permanently part of the
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 the
telephone.
Section 2. This act shall take effect in 60 days.
20190HB0721PN0757 - 2 -
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