PRINTER'S NO. 999
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
892
Session of
2017
INTRODUCED BY MURT, D. COSTA, KAUFFMAN, McNEILL, MILLARD,
SCHLOSSBERG AND WATSON, MARCH 17, 2017
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 17, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in miscellaneous provisions, further providing for
the offense of careless driving; establishing the Driver
Distraction Awareness Fund; and providing for additional
duties of the Department of Transportation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3714 of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 3714. Careless driving.
(a) General rule.--Any person who drives a vehicle in
careless disregard for the safety of persons or property is
guilty of careless driving, a summary offense.
(b) Unintentional death.--If the person who violates this
section unintentionally causes the death of another person as a
result of the violation, the person shall, upon conviction, be
sentenced to pay a fine of $500.
(c) Serious bodily injury.--If the person who violates this
section unintentionally causes the serious bodily injury of
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another person as a result of the violation, the person shall,
upon conviction, be sentenced to pay a fine of $250.
(c.1) Additional fine for distracted driver.--
(1) Any person who violates this section and at the time
of the violation is distracted by any task or item ,
including, but not limited to, any of the following, shall,
in addition to any other penalty imposed, be sentenced to pay
a fine of $50:
(i) An interactive wireless communications device.
(ii) An electronic, electrical or mechanical device.
(iii) A personal grooming device.
(iv) Food.
(v) Drink.
(vi) Printed material.
(2) The provisions of this subsection shall not apply to
any person unless the person is convicted under subsection
(a) for a violation that occurred at the same time. No costs
as described under 42 Pa.C.S. § 1725.1 (relating to costs)
may be imposed on account of an increased fine under this
subsection. Application of this subsection does not
constitute a moving violation.
(3) Notwithstanding any other provision of law to the
contrary, fines collected under this subsection shall be paid
to the Commonwealth for deposit into the Driver Distraction
Awareness Fund.
(c.2) Report.--The department shall submit to the General
Assembly a report on the effects of subsection (c.1) by August
31, 2018.
(d) Definition.--As used in this section, the term
"distracted" means having a person's attention diverted from
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operating a vehicle.
Section 2. Title 75 is amended by adding a section to read:
§ 3714.1. Driver Distraction Awareness Fund.
(a) Fund established.--The Driver Distraction Awareness Fund
is established in the Motor License Fund as a special restricted
receipts account. The fund shall consist of the fines deposited
under section 3714(c.1) (relating to careless driving), Federal
funds granted for careless driving prevention and any money
donated to the fund. The fund shall be used solely for the
purpose of the educational program established in subsection
(b). Money in the fund is appropriated to the department for the
purposes of this section.
(b) Educational program.--The department shall establish an
educational program to begin immediately to alert the public to
the requirements and penalties under section 3714(c.1). The
program shall also encourage motorists to eliminate distractions
in the vehicle as a means of reducing the risk of harm to
themselves and others.
Section 3. This act shall take effect in 60 days.
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