1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in rules of the road in general, further
3prohibiting text-based communications; and prohibiting
4certain calls on hand-held mobile telephones.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 3316(b) of Title 75 of the Pennsylvania
8Consolidated Statutes is amended to read:

9§ 3316. Prohibiting text-based communications.

10* * *

11(b) [(Reserved).] Records.--A record of any violation of 
12this section shall appear on the driving history record or motor 
13vehicle record of any person who commits the violation and the 
14record of the violation shall be available to any motor vehicle 
15insurer.

16* * *

17Section 2. Title 75 is amended by adding a section to read:

18§ 3317. Prohibiting calls on hand-held mobile telephones.

19(a) Prohibitions.--

1(1) Except as otherwise provided in this section, no
2person shall operate a motor vehicle on a highway or
3trafficway in this Commonwealth while using a hand-held
4mobile telephone to engage in a call while such vehicle is in
5motion.

6(2) No person under 18 years of age shall use any hand-
7held mobile telephone, including one with a hands-free
8accessory while operating a moving motor vehicle on a highway
9or trafficway in this Commonwealth.

10(b) Presumption.--

11(1) An operator of a motor vehicle who holds a hand-held
12mobile telephone to or in the immediate proximity of the
13operator's ear while the motor vehicle is in motion is
14presumed to be engaging in a call within the meaning of this
15section.

16(2) The presumption established by this subsection is
17rebuttable by evidence which shows that the operator was not
18engaged in a call.

19(3) The provisions of this subsection shall not be
20construed as authorizing the seizure or forfeiture of a hand-
21held mobile telephone or a mobile electronic device, unless
22otherwise provided by law.

23(c) Nonapplicability.--Subsection (a) shall not apply to:

24(1) The use of a hand-held mobile telephone for the sole
25purpose of communicating with any of the following regarding
26an emergency situation:

27(i) an emergency response operator;

28(ii) a hospital, physician's office or health
29clinic;

30(iii) an ambulance company;

1(iv) a fire department; or

2(v) a police department.

3(2) Any of the following persons while in the
4performance of their official duties and within the scope of
5their employment:

6(i) a law enforcement officer;

7(ii) a firefighter or an operator of an ambulance or
8authorized emergency vehicle; or

9(iii) a member of the armed forces of the United
10States while operating a military vehicle.

11(3) The use of a hand-held radio by a person with an
12amateur radio station license issued by the Federal
13Communications Commission.

14(4) The use of a hands-free mobile telephone.

15(d) Penalty.--A person who violates subsection (a) commits a
16summary offense and shall, upon conviction, be sentenced to pay
17a fine of $100 for the first violation, $200 for a second
18violation and $300 for a third or subsequent violation.

19(e) Records.--A record of any violation of this section
20shall appear on the driving history record or motor vehicle
21record of any person who commits the violation and the record of
22the violation shall be available to any motor vehicle insurer.

23(f) Preemption of local ordinances.--In accordance with
24section 6101 (relating to applicability and uniformity of
25title), this section supersedes and preempts all ordinances of
26any municipality with regard to the use of a hand-held mobile
27telephone by the operator of a motor vehicle.

28(g) Definitions.--As used in this section, the following
29words and phrases shall have the meanings given to them in this
30subsection unless the context clearly indicates otherwise:

1"Engage in a call." Talking into or listening on a hand-held
2mobile telephone. The term does not include holding a hand-held
3mobile telephone to activate, deactivate or initiate a function
4of such telephone.

5"Hands-free accessory." An attachment, add-on, built-in
6feature or addition to a mobile telephone, whether or not
7permanently installed in a motor vehicle, that when used allows
8the vehicle operator to maintain both hands on the steering
9wheel.

10"Hands-free mobile telephone." A hand-held mobile telephone
11that has an internal feature or function or that is equipped
12with an attachment or addition, whether or not permanently part
13of such hand-held mobile telephone, by which a user engages in a
14call without the use of either hand, whether or not the use of
15either hand is necessary to activate, deactivate or initiate a
16function of such telephone.

17"Hand-held mobile telephone." A mobile telephone with which
18a user engages in a call using at least one hand.

19"Immediate proximity." The distance that permits an operator
20of a hand-held mobile telephone to hear telecommunications
21transmitted over such hand-held mobile telephone, but does not
22require physical contact with the operator's ear.

23"Mobile electronic device." Any hand-held or other portable
24electronic equipment capable of providing data communication
25between two or more persons, including a text messaging device,
26a paging device, a personal digital assistant, a laptop
27computer, equipment that is capable of playing a video game or a
28digital video disk or equipment on which digital photographs are
29taken or transmitted, or any combination thereof. The term does
30not include any audio equipment or equipment installed in a

1motor vehicle for the purpose of providing navigation, emergency
2assistance to the operator of such motor vehicle or video
3entertainment to the passengers in the rear seats of such motor
4vehicle.

5"Mobile telephone." A cellular, analog, wireless or digital
6telephone capable of sending or receiving telephone
7communications without an access line for service.

8"Using" or "use." Holding a hand-held mobile telephone to or
9in the immediate proximity of the user's ear.

10Section 3. This act shall take effect in 60 days.