Regular Session 2019-2020 House Bill 0037 P.N. 0356

PRINTER'S NO. 356

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2019

INTRODUCED BY BROWN, READSHAW, STEPHENS, SCHLOSSBERG, MILLARD,

HILL-EVANS, HELM, McNEILL, MURT, STAATS, TOPPER, B. MILLER,

FLYNN, McCLINTON, DeLUCA, RYAN, ISAACSON, STRUZZI, TOOHIL,

CARROLL, KORTZ, CIRESI, MULLINS, NEILSON, T. DAVIS, BIZZARRO,

MARSHALL, BOBACK, GAYDOS AND WARNER, FEBRUARY 5, 2019

REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 5, 2019

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in licensing of drivers, further providing for

learners' permits; in rules of the road in general,

prohibiting use of interactive wireless communications

devices, imposing penalties and establishing the Distracted

Driver Awareness Fund; and, in operation of vehicles

miscellaneous provisions, further providing for the offense

of homicide by vehicle and for the offense of aggravated

assault by vehicle.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "interactive wireless

communications device" in section 102 of Title 75 of the

Pennsylvania Consolidated Statutes is amended to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Interactive wireless communications device." A wireless

telephone, personal digital assistant, smart phone, portable or

mobile computer or similar device which can be used for voice

communication, texting, e-mailing, browsing the Internet or

instant messaging. The term does not include any of the

following:

(1) a device being used exclusively as a global

positioning or navigation system;

(2) a system or device that is physically or

electronically integrated into the vehicle[; or], other than

being connected to the vehicle solely for the purpose of

charging the system or device;

(3) a communications device that is affixed to a mass

transit vehicle, bus or school bus[.]; or

(4) a hand-held radio being used by a person with an

amateur radio station license issued by the Federal

Communications Commission.

* * *

Section 2. Section 1505(e)(2) of Title 75 is amended to

read:

§ 1505. Learners' permits.

* * *

(e) Authorization to test for driver's license and junior

driver's license.--A person with a learner's permit is

authorized to take the examination for a regular or junior

driver's license for the class of vehicle for which a permit is

held. Before a person under the age of 18 years may take the

examination for a junior driver's license, including a Class M

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license to operate a motorcycle, the minor must:

* * *

(2) Present to the department a certification form

signed by the father, mother, guardian, person in loco

parentis or spouse of a married minor stating that the minor

applicant has:

(i) completed 65 hours of practical driving

experience accompanied as required under subsection (b);

[and]

(ii) except for a Class M license to operate a

motorcycle, the 65 hours included no less than ten hours

of nighttime driving and five hours of inclement weather

driving[.]; and

(iii) viewed educational materials on the dangers of

distracted driving, which may include, but are not

limited to, written, electronic or video materials.

* * *

Section 3. Title 75 is amended by adding sections to read:

§ 3318. Prohibiting use of interactive wireless communications

devices.

(a) Prohibitions.--

(1) Except as otherwise provided in this section, no

person shall operate a motor vehicle on a highway or

trafficway in this Commonwealth while using an interactive

wireless communications device while the vehicle is in

motion.

(2) Any adult driver of a motor vehicle who holds a

valid driver's license may only use the driver's hands to

initiate or terminate a wireless telephone call or to turn

the handheld interactive wireless communications device on or

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off.

(3) No person under 18 years of age shall use any

interactive wireless communications device , including one

with a hands-free accessory, while operating a moving motor

vehicle on a highway or trafficway in this Commonwealth. A

person under this paragraph is permitted to use a hand-held

interactive wireless communications device outside of a

roadway, provided the motor vehicle is stopped.

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

(1) The use of an interactive wireless communications

device for the sole purpose of communicating with any of the

following regarding an emergency situation if the vehicle is

not equipped with hands-free technology:

(i) a fire department;

(ii) a police department ; or

(iii) a public safety answering point, as defined in

35 Pa.C.S. § 5302 (relating to definitions).

(2) The use of a hands-free interactive wireless

communications device, except as prohibited under subsection

(a)(2).

(3) The use of an interactive wireless communications

device while affixed to a vehicle's surface, not in violation

of section 4524 (relating to windshield obstructions and

wipers), while being exclusively used as a global positioning

system.

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

summary offense and shall, upon conviction, be sentenced to

pay a fine of $200. No costs or surcharges imposed under

section 6506 (relating to surcharge) or 42 Pa.C.S. § 1725.1

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(relating to costs) shall be assessed or imposed upon a

conviction under this section.

(2) Notwithstanding any other provision of law,

including 42 Pa.C.S. § 3733(a) (relating to deposits into

account):

(i) When prosecution under this section is the

result of Pennsylvania State Police action, $25 of the

penalty assessed under paragraph (1) shall be payable to

the Commonwealth for credit to the Motor License Fund.

(ii) When prosecution under this section is the

result of local police action, $12.50 of the penalty

assessed under paragraph (1) shall be payable to the

Commonwealth for credit to the Motor License Fund, and

$12.50 shall be payable to the municipal corporation

under which the local police are organized.

(iii) After deposit of any amount under

subparagraphs (i) and (ii), the remaining portion of the

fine shall be deposited into the Distracted Driver

Awareness Fund.

(d) Official traffic-control devices.--The department shall

install official traffic-control devices to alert motorists of

the hand-held prohibition at entryways to this Commonwealth

along all Federal aid highways. The signs shall be installed and

maintained for a period no less than five years after the

effective date of this section. The department is permitted to

use funds from the fines collected under subsection (c)(2)(iii)

for costs associated with installation and maintenance of

official traffic-control devices under this section.

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

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

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subsection unless the context clearly indicates otherwise:

"Hands-free accessory." An attachment, add-on, built-in

feature or addition to an interactive wireless communications

device , whether or not permanently installed in a motor vehicle,

that when used allows the vehicle operator to maintain both

hands on the steering wheel.

"Hands-free interactive wireless communications device." A

hand-held interactive wireless communications device that has an

internal feature or function or that is equipped with an

attachment or addition, whether or not permanently part of the

hand-held interactive wireless communications device , by which a

user engages in a call without the use of either hand, whether

or not the use of either hand is necessary to activate,

deactivate or initiate a function of the telephone.

"Using." Holding an interactive wireless communications

device for the purpose of listening or talking on the device by

nonvoice or voice interpersonal communication, or while viewing,

taking or transmitting images, playing games or composing,

sending, reading, viewing, accessing, browsing, transmitting,

saving or retrieving e-mail, text messages or other electronic

data.

§ 3319. Distracted Driver Awareness Fund.

(a) Fund established.--The Distracted Driver Awareness Fund

is established in the Motor License Fund as a special restricted

receipts account. The fund shall consist of deposits from the

following sources:

(1) The remaining money after deposit of any amount

under section 3318(c)(2)(i) and (ii) (relating to prohibiting

use of interactive wireless communications devices) in

accordance with section 3318(c)(2)(iii).

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(2) Money donated to the fund.

(b) Use of fund.--The fund shall be used solely for the

purpose of the educational program established in subsection (c)

and for the installation and maintenance of official traffic

control devices under section 3318(d). Money in the fund is

appropriated to the department for the purposes of this section.

educational program to begin immediately to alert the public to

the requirements and penalties under section 3318. 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. The program shall be administered to the extent that

funding is available.

(d) Report.--The department shall submit to the General

Assembly a report on the efforts of the department regarding the

educational program in subsection (c) no later than three years

after the effective date of this subsection.

(e) Definition.--As used in this section, the term "fund"

means the Distracted Driver Awareness Fund.

Section 4. Sections 3732(b)(1.1) and (3) and 3732.1(b)(2)

and (4) of Title 75, amended October 24, 2018 (P.L.925, No.153),

are amended to read:

§ 3732. Homicide by vehicle.

* * *

(b) Sentencing.--

* * *

(1.1) In addition to any other penalty provided by law,

a person convicted of a violation of subsection (a) who is

also convicted of a violation of section 1501 (relating to

drivers required to be licensed), 1543 (relating to driving

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while operating privilege is suspended or revoked), 3316

(relating to prohibiting text-based communications), 3318

(relating to prohibiting use of interactive wireless

communications devices, 3325 (relating to duty of driver on

approach of emergency vehicle) or 3327 (relating to duty of

driver in emergency response areas) may be sentenced to an

additional term not to exceed five years' confinement.

* * *

(3) The Pennsylvania Commission on Sentencing, pursuant

to 42 Pa.C.S. § 2154 (relating to adoption of guidelines for

sentencing), shall provide for a sentencing enhancement for

an offense under this section when the violation occurred in

an active work zone or the individual was also convicted of a

violation of section 1501, 1543, 3316, 3318, 3325 or 3327.

§ 3732.1. Aggravated assault by vehicle.

* * *

(b) Sentencing.--

* * *

(2) In addition to any other penalty provided by law, a

person convicted of a violation of subsection (a) who is also

convicted of a violation of section 1501 (relating to drivers

required to be licensed), 1543 (relating to driving while

operating privilege is suspended or revoked), 3316 (relating

to prohibiting text-based communications), 3318 (relating to

prohibiting use of interactive wireless communications

devices, 3325 (relating to duty of driver on approach of

emergency vehicle) or 3327 (relating to duty of driver in

emergency response areas) may be sentenced to an additional

term not to exceed two years' confinement.

* * *

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(4) The Pennsylvania Commission on Sentencing, under 42

Pa.C.S. § 2154 (relating to adoption of guidelines for

sentencing), shall provide for a sentencing enhancement for

an offense under this section when the violation occurred in

an active work zone or the individual was also convicted of a

violation of section 1501, 1543, 3316, 3318, 3325 or 3327.

Section 5. This act shall take effect in 180 days.

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