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                                                       PRINTER'S NO. 159

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 133 Session of 2007


        INTRODUCED BY DALLY, BASTIAN, BEYER, BISHOP, BOYD, CALTAGIRONE,
           COHEN, DeLUCA, DePASQUALE, FABRIZIO, FRANKEL, FREEMAN,
           W. KELLER, KILLION, McILHATTAN, MELIO, NAILOR, O'NEILL,
           RUBLEY, SAMUELSON, SAYLOR, SCAVELLO, SWANGER, J. TAYLOR AND
           YOUNGBLOOD, JANUARY 31, 2007

        REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 31, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, prohibiting certain drivers from using mobile
     3     phones.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 75 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 3316.  Prohibiting use of mobile phones.
     9     (a)  Drivers subject to restrictions.--No driver with a
    10  learner's permit or junior driver's license shall drive a motor
    11  vehicle on a highway in this Commonwealth, including Federal,
    12  State and municipal highways, while using a mobile phone.
    13     (b)  Exceptions.--This section shall not apply to persons who
    14  use a mobile phone for the sole purpose of reporting an accident
    15  or emergency.
    16     (c)  Seizure.--The provisions of this section shall not be
    17  construed as authorizing the seizure or forfeiture of a mobile

     1  phone, unless otherwise provided by law.
     2     (d)  Penalty.--A person who violates subsection (a) commits a
     3  summary offense and shall, upon conviction, be sentenced to pay
     4  a fine of not less than $1 nor more than $300 or to a period of
     5  community service to be determined by the sentencing authority.
     6     (e)  Definitions.--As used in this section, the following
     7  words and phrases shall have the meanings given to them in this
     8  subsection:
     9     "Hands-free mobile telephone."  A telecommunications device
    10  that receives an analog signal or digital signal, or both, and
    11  is designed for use without being held by a person's hand while
    12  speaking into the device.
    13     "Mobile phone."  A telecommunications device that receives an
    14  analog signal or digital signal, or both, and that is designed
    15  for handheld use, or a hands-free mobile telephone.
    16     Section 2.  This act shall take effect in six months.










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