THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KORTZ, BARRAR, DeLUCA, FABRIZIO, HALUSKA, HESS, KULA, M. O'BRIEN, READSHAW, K. SMITH, SWANGER, VULAKOVICH, WAGNER, YOUNGBLOOD, RAVENSTAHL AND SANTARSIERO, JANUARY 21, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 21, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, prohibiting

interactive wireless communications devices in work zones.

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:

§ 3316.  Prohibiting interactive wireless communications devices

in work zones.

(a)  General rule.--No driver shall operate a motor vehicle

on a highway or trafficway within a work zone while using an

interactive wireless communications device.

(b)  Exceptions.--This section shall not apply to:

(1)  Law enforcement officers and operators of emergency

vehicles when on duty and acting in their official

capacities.

(2)  Persons who are reporting an accident or emergency.

(3)  Drivers who are using a hands-free interactive

wireless communications device.

(c)  Posting.--The department shall post a work zone with

signs designating the restriction.

(d)  Penalty.--

(1)  A person who violates subsection (a) commits a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $100.

(2)  A conviction under this section shall not constitute

a moving violation unless:

(i)  The offense involves an accident.

(ii)  The offense is a second or subsequent violation

in less than one calendar year.

(e)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Interactive wireless communications device."  A wireless

electronic communications device that provides for voice or data

communication between two or more parties, including, but not

limited to, a mobile or cellular telephone, a text messaging

device, a personal digital assistant that sends or receives

messages or a laptop computer. The term does not include a

citizens band radio, a two-way radio communication device or a

device that is permanently affixed during operation to a bus or

school bus.

"Hands-free interactive wireless communications device."  An

interactive wireless communications device that has an internal

feature or is equipped with an attachment or addition, whether

permanently part of the interactive wireless communications

device, by which a user engages in a voice or data communication

without the use of either hand and regardless of whether either

hand is used to activate, deactivate or initiate a function of

the interactive wireless communications device.

Section 2.  This act shall take effect in 60 days.