PRINTER'S NO. 1861
No. 1506 Session of 2007
INTRODUCED BY DePASQUALE, BLACKWELL, BRENNAN, CALTAGIRONE,
CARROLL, CONKLIN, CUTLER, DeLUCA, DeWEESE, DONATUCCI,
FABRIZIO, FREEMAN, HORNAMAN, KESSLER, KIRKLAND, KORTZ,
LEVDANSKY, McILVAINE SMITH, MELIO, MENSCH, MOUL, MURT, QUINN,
READSHAW, REICHLEY, SCAVELLO, SHAPIRO, SIPTROTH, THOMAS,
WATSON AND YOUNGBLOOD, JUNE 7, 2007
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 7, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, prohibiting the operation of motor vehicles while
3 using electronic wireless communications devices.
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 electronic wireless communications
9 devices.
10 (a) Prohibition.--Except as otherwise provided in this
11 section, no person shall operate a motor vehicle upon a public
12 highway and use an electronic wireless communications device to
13 send, read or write a text message while the vehicle is in
14 motion.
15 (b) Presumption.--An operator of a motor vehicle who uses an
16 electronic wireless communications device within the operator's
1 line of sight and arm's reach while the vehicle is in motion is
2 presumed to be using the electronic wireless communications
3 device within the meaning of this section. The presumption
4 established by this subsection is rebuttable by evidence tending
5 to show that the operator was not using the electronic wireless
6 communications device.
7 (c) Seizure.--The provisions of this section shall not be
8 construed as authorizing the seizure or forfeiture of an
9 electronic wireless communications device unless otherwise
10 provided by law.
11 (d) Applicability.--This section shall not apply to:
12 (1) the use of an electronic wireless communications
13 device for the sole purpose of communicating with any of the
14 following regarding an emergency situation: an emergency
15 response operator; a hospital, physician's office or health
16 clinic; an ambulance company or corps; a fire department,
17 district or company; or a police department; or
18 (2) any of the following persons while in the
19 performance of their official duties: a police officer or
20 peace officer; or a member of a fire department, district or
21 company.
22 (e) Penalty.--A violation of subsection (a) shall be a
23 traffic infraction and shall be punishable by a fine of not more
24 than $100.
25 (f) Definitions.--As used in this section, the following
26 words and phrases shall have the meanings given to them in this
27 subsection:
28 "Electronic wireless communications device." An electronic
29 device that permits the user thereof to transmit a communication
30 of written text by means other than through an oral transfer or
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1 wire communication as those terms are defined under 18 Pa.C.S. §
2 5702 (relating to definitions). The term does not include a
3 voice-activated global positioning or navigation system that is
4 permanently affixed to a motor vehicle.
5 "Use," "uses" or "using." The act of manually writing,
6 reading or transmitting by touching a button, key or making a
7 mark with an implement on a screen of an electronic wireless
8 communications device for the sole purpose of making a
9 communication of a text message on or through the electronic
10 wireless communications device. The term does not include such
11 act for the sole purpose of entering a number or a name on an
12 electronic wireless communications device in order to make an
13 oral communication.
14 Section 2. This act shall take effect in 60 days.
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