AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in rules of the road in general, further
3prohibiting text-based communications.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 3316 of Title 75 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 3316. Prohibiting [text-based communications] the use of 
9interactive wireless communications devices.

10(a) Prohibition.--No driver shall operate a motor vehicle on
11a highway or trafficway in this Commonwealth while using an
12interactive wireless communications device to make voice 
13communications or send, read or write a text-based communication
14while the vehicle is in motion. [A person does not send, read or
15write a text-based communication when the person reads, selects
16or enters a telephone number or name in an interactive wireless
17communications device for the purpose of activating or
18deactivating a voice communication or a telephone call.]

1(b) (Reserved).

2(b.1) Presumption.--An operator of a motor vehicle who uses
3an interactive wireless communications device while the vehicle
4is in motion is presumed to be engaging in an interactive
5wireless communication within the meaning of this section. The
6presumption established by this subsection is rebuttable by
7evidence that shows that the operator was not engaged in a call
8or wireless communication.

9(c) Seizure.--The provisions of this section shall not be
10construed as authorizing the seizure or forfeiture of an
11interactive wireless communications device, unless otherwise
12provided by law.

13(c.1) Applicability.--This section does not apply to:

14(1) the use of an interactive wireless communications
15device for the sole purpose of communicating with any of the
16following regarding an emergency situation:

17(i) an emergency response operator;

18(ii) a hospital, physician's office or health
19clinic;

20(iii) an ambulance company or corps;

21(iv) a fire department, district or company; or

22(v) a police department;

23(2) any of the following persons while in the
24performance of official duties:

25(i) a police officer or peace officer; or

26(ii) a member of a fire department, district or
27company; or

28(3) the use of a hands-free mobile telephone.

29(d) Penalty.--A person who violates subsection (a) commits a
30summary offense and shall, upon conviction, be sentenced to pay

1a fine of $50.

2(e) Preemption of local ordinances.--In accordance with
3section 6101 (relating to applicability and uniformity of
4title), this section supersedes and preempts all ordinances of
5any municipality with regard to the use of an interactive
6wireless communications device by the driver of a motor vehicle.

7(f) [Definition.--As used in this section, the term "text-
8based communication" means a text message, instant message,
9electronic mail or other written communication composed or
10received on an interactive wireless communications device.]
11Definitions.--As used in this section, the following words and 
12phrases shall have the meanings given to them in this subsection 
13unless the context clearly indicates otherwise:

14"Hands-free mobile telephone." A mobile telephone that has
15an internal feature or function or that is equipped with an
16attachment or addition, regardless of whether it is permanently
17part of the mobile telephone, by which a user engages in a call
18without the use of either hand, regardless of whether the use of
19either hand is necessary to activate, deactivate or initiate a
20function of the telephone.

21"Interactive wireless communication." The use of a mobile
22telephone or similar device to:

23(1) make a voice communication with another;

24(2) use a voicemail function; or

25(3) engage in a text-based communication.

26"Text-based communication." A text message, instant message,
27electronic mail or other written communication composed or
28received on an interactive wireless communications device.

29Section 2. This act shall take effect in 60 days.