Amendment 3273 to House Bill 37 P.N. 2058, Regular Session 2019-2020

H0037B2058A03273 DMS:NLG 10/18/19 #90 A03273

AMENDMENTS TO HOUSE BILL NO. 37

Sponsor: REPRESENTATIVE BROWN

Printer's No. 2058

Amend Bill, page 1, line 4, by inserting after "permits"

and for examination of applicant for driver's license

Amend Bill, page 1, line 7, by striking out the comma after

"devices" and inserting

and

Amend Bill, page 1, lines 7 and 8, by striking out "and

establishing the Distracted Driver Awareness Fund"

Amend Bill, page 2, line 4, by inserting a bracket before

""Interactive"

Amend Bill, page 2, line 13, by striking out the bracket

before the semicolon after "vehicle"

Amend Bill, page 2, lines 13 through 15, by striking out "],

other than" in line 13 and all of lines 14 and 15

Amend Bill, page 2, line 17, by striking out the bracket

before the period after "bus"

Amend Bill, page 2, lines 17 through 20, by striking out ";

or" in line 17 and all of lines 18 through 20

Amend Bill, page 3, by inserting between lines 18 and 19

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

2019/90DMS/HB0037A03273 - 1 -

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 .

* * *

Amend Bill, page 4, lines 17 through 30; pages 5 through 8,

lines 1 through 30; page 9, lines 1 through 16; by striking out

all of said lines on said pages and inserting

Section 4. Title 75 is amended by adding a section to read:

§ 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.

construed as authorizing the seizure or forfeiture of an

interactive wireless communications device unless otherwise

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

2019/90DMS/HB0037A03273 - 2 -

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

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

2019/90DMS/HB0037A03273 - 3 -

(4) a two-way or citizens band radio affixed to a

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.

Amend Bill, page 9, line 18, by striking out ", amended

October 24, 2018 (P.L.925, No.153),"

2019/90DMS/HB0037A03273 - 4 -