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A03273
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
37
Session of
2019
INTRODUCED BY BROWN, READSHAW, STEPHENS, SCHLOSSBERG, MILLARD,
HILL-EVANS, HELM, McNEILL, MURT, STAATS, TOPPER, B. MILLER,
FLYNN, McCLINTON, DeLUCA, RYAN, ISAACSON, STRUZZI, TOOHIL,
CARROLL, KORTZ, CIRESI, MULLINS, NEILSON, T. DAVIS, BIZZARRO,
MARSHALL, BOBACK, GAYDOS, WARNER, SCHLEGEL CULVER, HENNESSEY,
NELSON, DeLISSIO, MOUL AND DONATUCCI, FEBRUARY 5, 2019
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 10, 2019
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 examination of applicant for
driver's license; in rules of the road in general, REPEALING
PROVISIONS RELATING TO PROHIBITING TEXT-BASED COMMUNICATIONS,
prohibiting use of interactive wireless communications
devices, and imposing penalties and establishing the
Distracted Driver Awareness Fund; and, in operation of
vehicles miscellaneous provisions, further providing for the
offense of homicide by vehicle and for the offense of
aggravated assault by vehicle.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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], other than
being connected to the vehicle solely for the purpose of
charging the system or device;
(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. Section 1505(e)(2) of Title 75 is 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
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held. Before a person under the age of 18 years may take the
examination for a junior driver's license, including a Class M
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.
* * *
Section 2.1. Section 1508 of Title 75 is amended by adding a
subsection to read:
§ 1508. Examination of applicant for driver's license.
* * *
(c.1) Distracted driving information.--The traffic laws
examination shall contain at least one question relating to the
driver's ability to understand the effects of distracted driving
on highway safety or the provisions of section 3318 (relating to
prohibiting use of interactive wireless communications devices).
The driver's manual shall include a section relating to
distracted driving, along with related penalties .
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* * *
SECTION 3. SECTION 3316 OF TITLE 75 IS REPEALED:
[§ 3316. PROHIBITING TEXT-BASED COMMUNICATIONS.
(A) PROHIBITION.--NO DRIVER SHALL OPERATE A MOTOR VEHICLE ON
A HIGHWAY OR TRAFFICWAY IN THIS COMMONWEALTH WHILE USING AN
INTERACTIVE WIRELESS COMMUNICATIONS DEVICE TO SEND, READ OR
WRITE A TEXT-BASED COMMUNICATION WHILE THE VEHICLE IS IN MOTION.
A PERSON DOES NOT SEND, READ OR WRITE A TEXT-BASED COMMUNICATION
WHEN THE PERSON READS, SELECTS OR ENTERS A TELEPHONE NUMBER OR
NAME IN AN INTERACTIVE WIRELESS COMMUNICATIONS DEVICE FOR THE
PURPOSE OF ACTIVATING OR DEACTIVATING A VOICE COMMUNICATION OR A
TELEPHONE CALL.
(B) (RESERVED).
(C) SEIZURE.--THE PROVISIONS OF THIS SECTION SHALL NOT BE
CONSTRUED AS AUTHORIZING THE SEIZURE OR FORFEITURE OF AN
INTERACTIVE WIRELESS COMMUNICATIONS DEVICE, UNLESS OTHERWISE
PROVIDED BY LAW.
(D) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
A FINE OF $50.
(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 AN INTERACTIVE
WIRELESS COMMUNICATIONS DEVICE BY THE DRIVER OF A MOTOR VEHICLE.
(F) DEFINITION.--AS USED IN THIS SECTION, THE TERM "TEXT-
BASED COMMUNICATION" MEANS A TEXT MESSAGE, INSTANT MESSAGE,
ELECTRONIC MAIL OR OTHER WRITTEN COMMUNICATION COMPOSED OR
RECEIVED ON AN INTERACTIVE WIRELESS COMMUNICATIONS DEVICE.]
Section 3 4 . Title 75 is amended by adding sections to read:
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§ 3318. Prohibiting 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 an interactive
wireless communications device while the vehicle is in
motion.
(2) Any adult driver of a motor vehicle who holds a
valid driver's license may only use the driver's hands to
initiate or terminate a wireless telephone call or to turn
the handheld interactive wireless communications device on or
off . OR TO ENABLE THE FUNCTION OF A HANDS-FREE INTERACTIVE
WIRELESS COMMUNICATIONS DEVICE THAT ALLOWS THE USER TO ENGAGE
IN A CALL WITHOUT THE USE OF EITHER HAND.
(3) No person under 18 years of age shall use any
interactive wireless communications device , including one
with a hands-free accessory, OR OPERATE A HANDS-FREE WIRELESS
COMMUNICATIONS DEVICE while operating a moving motor vehicle
on a highway or trafficway in this Commonwealth. A person
under this paragraph is permitted to use a hand-held
interactive wireless communications device outside of a
roadway, provided the motor vehicle is stopped.
(b) Nonapplicability.--Subsection (a) shall not apply to:
(1) The use of 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:
(i) a fire department;
(ii) a police department ; or
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(iii) a public safety answering point, as defined in
35 Pa.C.S. § 5302 (relating to definitions).
(2) The use of a hands-free interactive wireless
communications device, except as prohibited under subsection
(a)(2) AND (3) .
(3) The use of an interactive wireless communications
device , INCLUDING BY A PERSON UNDER 18 YEARS OF AGE, while
affixed to a vehicle's surface, not in violation of section
4524 (relating to windshield obstructions and wipers), while
being exclusively used as a global positioning system.
(c) Penalty.--
(1) A person who violates subsection (a) commits a
summary offense and shall, upon conviction, be sentenced to
pay a fine of $200. No costs or surcharges imposed under
section 6506 (relating to surcharge) or 42 Pa.C.S. § 1725.1
(relating to costs) shall be assessed or imposed upon a
conviction under this section.
(2) Notwithstanding any other provision of law,
including 42 Pa.C.S. § 3733(a) (relating to deposits into
account):
(i) When prosecution under this section is the
result of Pennsylvania State Police action, $25 of the
penalty assessed under paragraph (1) shall be payable to
the Commonwealth for credit to the Motor License Fund.
(ii) When prosecution under this section is the
result of local police action, $12.50 of the penalty
assessed under paragraph (1) shall be payable to the
Commonwealth for credit to the Motor License Fund, and
$12.50 shall be payable to the municipal corporation
under which the local police are organized.
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(iii) After deposit of any amount under
subparagraphs (i) and (ii), the remaining portion of the
fine shall be deposited into the Distracted Driver
Awareness Fund. AS FOLLOWS:
(A) THE FIRST $5,000,000 COLLECTED WITHIN ANY
FISCAL YEAR SHALL BE DEPOSITED INTO THE DISTRACTED
DRIVER AWARENESS FUND.
(B) AFTER THE DEPOSIT IN CLAUSE (A) IS MADE, THE
REMAINING AMOUNT SHALL BE DEPOSITED INTO THE
MULTIMODAL TRANSPORTATION FUND TO BE USED EXCLUSIVELY
FOR THE PURPOSES OF 74 PA.C.S. § 2104(A)(4) (RELATING
TO USE OF MONEY IN FUND).
(d) Official traffic-control devices.--The department shall
install official traffic-control devices to alert motorists of
the hand-held prohibition at entryways to this Commonwealth
along all Federal aid highways. The signs shall be installed and
maintained for a period no less than five years after the
effective date of this section. The department is permitted to
use funds from the fines collected under subsection (c)(2)(iii)
for costs associated with installation and maintenance of
official traffic-control devices under this section.
(E) SEIZURE.--THE PROVISIONS OF THIS SECTION SHALL NOT BE
CONSTRUED AS AUTHORIZING THE SEIZURE OR FORFEITURE OF AN
INTERACTIVE WIRELESS COMMUNICATIONS DEVICE OR HANDS-FREE
INTERACTIVE WIRELESS COMMUNICATIONS DEVICE, UNLESS OTHERWISE
PROVIDED BY LAW.
(F) 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 AN INTERACTIVE
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WIRELESS COMMUNICATIONS DEVICE OR HANDS-FREE INTERACTIVE
WIRELESS COMMUNICATIONS DEVICE BY THE DRIVER OF A MOTOR VEHICLE.
(e) (G) 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:
"Hands-free accessory." An attachment, add-on, built-in
feature or addition to 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 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 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 INTERACTIVE
WIRELESS COMMUNICATIONS DEVICE .
"Using." Holding an interactive wireless communications
device for the purpose of listening or talking on the device by
nonvoice or voice interpersonal communication, or while viewing,
taking or transmitting images, playing games or composing,
sending, reading, viewing, accessing, browsing, transmitting,
saving or retrieving e-mail, text messages or other electronic
data.
§ 3319. Distracted Driver Awareness Fund.
(a) Fund established.--The Distracted Driver Awareness Fund
is established in the Motor License Fund as a special restricted
receipts account. The fund shall consist of deposits from the
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following sources:
(1) The remaining money after deposit of any amount
under section 3318(c)(2)(i) and (ii) (relating to prohibiting
use of interactive wireless communications devices) in
accordance with section 3318(c)(2)(iii).
(2) 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)
and for the installation and maintenance of official traffic
control devices under section 3318(d). 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 section 3318. 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. The program shall be administered to the extent that
funding is available.
(D) UNUSED MONEY.--ANY MONEY IN THE FUND WHICH IS
UNEXPENDED, UNCOMMITTED AND UNENCUMBERED AT THE END OF A FISCAL
YEAR SHALL BE TRANSFERRED TO THE MULTIMODAL TRANSPORTATION FUND
FOR THE PURPOSES OF 74 PA.C.S. § 2104(A)(4) (RELATING TO USE OF
MONEY IN FUND).
(d) (E) Report.--The department shall submit to the General
Assembly a report on the efforts of the department regarding the
educational program in subsection (c) no later than three years
after the effective date of this subsection.
(e) (F) Definition.--As used in this section, the term
"fund" means the Distracted Driver Awareness Fund.
Section 4. Title 75 is amended by adding a section to read:
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§ 3318. Prohibiting use of interactive wireless communication
devices.
(a) Prohibitions.--Except as provided under subsection (b):
(1) A driver 18 years of age or older may not use an
interactive wireless communications device while operating a
motor vehicle on a highway or trafficway.
(2) A driver under 18 years of age may not control an
interactive wireless communications device while operating a
motor vehicle on a highway or trafficway.
(b) Exceptions.--
(1) A driver 18 years of age or older may use an
interactive wireless communications device while operating a
motor vehicle on a highway or trafficway if necessary to
communicate with a law enforcement official or other
emergency service.
(2) A driver under 18 years of age may control an
interactive wireless communications device while operating a
motor vehicle on a highway or trafficway when:
(i) necessary to communicate with a law enforcement
official or other emergency service;
(ii) the interactive wireless communications device
is affixed to the motor vehicle not in violation of
section 4524 (relating to windshield obstructions and
wipers) and is being used exclusively as a global
positioning or navigation system; or
(iii) the motor vehicle is stopped outside of a
roadway.
(c) Seizure.--The provisions of this section shall not be
construed as authorizing the seizure or forfeiture of an
interactive wireless communications device unless otherwise
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provided by law.
(d) 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 an interactive
wireless communications device by the driver of a motor vehicle.
(e) Penalty.--A person who violates subsection (a) commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of $150. No costs or surcharges imposed under section
6506 (relating to surcharge) or 42 Pa.C.S. § 1725.1 (relating to
costs) shall be assessed or imposed upon a conviction under this
section.
(f) Deposit of fines.--Notwithstanding any other provision
of law, including 42 Pa.C.S. § 3733 (relating to deposits into
account), a fine assessed under subsection (e) shall be
deposited as follows:
(1) When prosecution under this section is the result of
Pennsylvania State Police action, the fine shall be deposited
in the Motor License Fund.
(2) When prosecution under this section is the result of
local police action, $12.50 of the penalty shall be payable
to the municipal corporation under which the local police are
organized, and the remaining amount of the fine shall be
deposited in the Motor License Fund.
(g) Official traffic-control device.--The department shall
strategically install official traffic-control devices to alert
motorists of the prohibition under subsection (a) along highways
determined by the department to be high-volume, main entryways
to this Commonwealth. The official traffic-control devices shall
be installed and maintained for a period no less than five years
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after the effective date of this section.
(h) Construction.--Nothing in this section shall be
construed to make lawful any activity by a driver of a
commercial motor vehicle or motor carrier vehicle prohibited
under section 1621 (relating to texting while driving) or 1622
(relating to handheld mobile telephone).
(i) 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:
"Control an interactive wireless communications device."
Operating the functions of an interactive wireless
communications device, regardless of whether the individual
physically grasps, supports or touches the interactive wireless
communications device.
"Interactive wireless communications device." A wireless
telephone, personal digital assistant, smart phone, portable or
mobile computer or similar device that can be used for voice
communication, texting, e-mailing, browsing the Internet,
instant messaging, playing games, taking or transmitting images
or otherwise sending or receiving electronic data. The term does
not include any of the following:
(1) a device that functions exclusively as a global
positioning or navigation system;
(2) a system or device that is physically or
electronically integrated into a vehicle, unless connected to
a vehicle solely for the purpose of charging the system or
device;
(3) a communications device that is affixed to a mass
transit vehicle, bus or school bus; or
(4) a two-way or citizens band radio affixed to a
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commercial motor vehicle or motor carrier vehicle.
"Smartwatch." A wearable digital wristwatch with the ability
to connect wirelessly to an interactive wireless communications
device and control one or more functions or applications of the
interactive wireless communications device.
"Text-based communication." A text message, instant message,
electronic mail or other written communications composed or
received on an interactive wireless communications device.
"Use an interactive wireless communications device." As
follows:
(1) To grasp an interactive wireless communications
device with one or both hands.
(2) To support an interactive wireless communications
device with any part of the body, other than wearing an
interactive wireless communications device that is a
smartwatch.
(3) To write, send or read any text-based communication
on an interactive wireless communications device.
(4) To watch a video or movie on an interactive wireless
communications device.
(5) To record or broadcast a video or picture on an
interactive wireless communications device.
"Write, send or read any text-based communication." The term
shall not include selecting or entering a telephone number or
name in an interactive wireless communications device for the
purpose of activating or deactivating a voice communication or a
telephone call.
Section 4 5. Sections 3732(b)(1.1) and (3) and 3732.1(b)(2)
and (4) of Title 75, amended October 24, 2018 (P.L.925, No.153),
are amended to read:
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§ 3732. Homicide by vehicle.
* * *
(b) Sentencing.--
* * *
(1.1) In addition to any other penalty provided by law,
a person convicted of a violation of subsection (a) who is
also convicted of a violation of section 1501 (relating to
drivers required to be licensed), 1543 (relating to driving
while operating privilege is suspended or revoked), [3316
(relating to prohibiting text-based communications),] 3318
(relating to prohibiting use of interactive wireless
communications devices), 3325 (relating to duty of driver on
approach of emergency vehicle) or 3327 (relating to duty of
driver in emergency response areas) may be sentenced to an
additional term not to exceed five years' confinement.
* * *
(3) The Pennsylvania Commission on Sentencing, pursuant
to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or the individual was also convicted of a
violation of section 1501, 1543, [3316,] 3318, 3325 or 3327.
§ 3732.1. Aggravated assault by vehicle.
* * *
(b) Sentencing.--
* * *
(2) In addition to any other penalty provided by law, a
person convicted of a violation of subsection (a) who is also
convicted of a violation of section 1501 (relating to drivers
required to be licensed), 1543 (relating to driving while
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operating privilege is suspended or revoked), [3316 (relating
to prohibiting text-based communications),] 3318 (relating to
prohibiting use of interactive wireless communications
devices), 3325 (relating to duty of driver on approach of
emergency vehicle) or 3327 (relating to duty of driver in
emergency response areas) may be sentenced to an additional
term not to exceed two years' confinement.
* * *
(4) The Pennsylvania Commission on Sentencing, under 42
Pa.C.S. § 2154 (relating to adoption of guidelines for
sentencing), shall provide for a sentencing enhancement for
an offense under this section when the violation occurred in
an active work zone or the individual was also convicted of a
violation of section 1501, 1543, [3316,] 3318, 3325 or 3327.
Section 5 6. This act shall take effect in 180 days.
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