Bill Text: PA HB146 | 2011-2012 | Regular Session | Amended

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Bill Title: In rules of the road in general, prohibiting interactive wireless communications devices and prohibiting use of interactive wireless communications devices by junior drivers; further providing for duty of driver in construction and maintenance areas or on highway safety corridors, for duty of driver in emergency response areas and for the offense of careless driving; establishing the Driver Distraction Awareness Fund; and providing for additional duties of the Department of Transportation.

Spectrum: Slight Partisan Bill (Democrat 13-5)

Status: (Introduced - Dead) 2011-12-12 - Laid on the table [HB146 Detail]

Download: Pennsylvania-2011-HB146-Amended.html

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CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 86, 2184 PRINTER'S NO. 2186
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 146 Session of2011
INTRODUCED BY KORTZ, BARRAR, DeLUCA, FABRIZIO, HALUSKA, HESS, KULA, M. O'BRIEN, READSHAW, K. SMITH, SWANGER, VULAKOVICH, WAGNER, YOUNGBLOOD, RAVENSTAHL, SANTARSIERO AND QUINN, JANUARY 21, 2011
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 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 and <--
prohibiting use of interactive wireless communications
devices by junior drivers; further providing for duty of
driver in construction and maintenance areas or on highway
safety corridors, for duty of driver in emergency response
areas and 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. Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a section sections to read: <--
§ 3316. Prohibiting interactive wireless communications devices
in work zones. <--
(a) General rule.--No Subject to the provisions of section <--
3316.1 (relating to prohibiting use of interactive wireless
communications devices by junior drivers), 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.
(4) Persons who use an interactive wireless <--
communications device when the vehicle is stopped at an
intersection or due to a traffic obstruction and the
transmission is in neutral or park.
(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 $50. <--
(2) A conviction under this section shall not constitute
a moving violation unless: <--
(i) The offense involves an accident.
a moving violation unless the offense involves an accident. <--
(ii) The offense is a second or subsequent violation <--
in less than one calendar year.
(e) Secondary action.--A conviction under this section by <--
State or local law enforcement agencies shall occur only as a
secondary action when a driver of a motor vehicle has been
convicted of any other provision of this title.
(e) (f) 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:
"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.
§ 3316.1. Prohibiting use of interactive wireless <--
communications devices by junior drivers.
(a) General rule.--Notwithstanding the provisions of section
3316 (relating to prohibiting interactive wireless
communications devices), no driver with a learner's permit or
junior driver's license shall operate a motor vehicle on a
highway or trafficway in this Commonwealth while using an
interactive wireless communications device.
(b) Exceptions.--This section shall not apply to:
(1) Persons who are reporting an accident or emergency.
(2) Persons who use an interactive wireless
communications device when the vehicle is stopped at an
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intersection or due to a traffic obstruction and the
transmission is in neutral or park.
(c) Penalty.--
(1) A person who violates subsection (a) commits a
summary offense and shall, upon conviction, be sentenced to
pay a fine of $50.
(2) A conviction under this section shall not constitute
a moving violation unless the offense involves an accident.
(d) Definitions.--As used in this section, the term
"interactive wireless communications device" means 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.
Section 2. Sections 3326(c), 3327(e) and 3714 of Title 75
are amended to read:
§ 3326. Duty of driver in construction and maintenance areas or
on highway safety corridors.
* * *
(c) Fines to be doubled.--For any of the following
violations, when committed in an active work zone manned by
workers acting in their official capacity or on a highway safety
corridor designated under section 6105.1 (relating to
designation of highway safety corridors), the fine shall be
double the usual amount:
Section 3102 (relating to obedience to authorized
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persons directing traffic).
Section 3111 (relating to obedience to traffic-
control devices).
Section 3112 (relating to traffic-control signals).
Section 3114 (relating to flashing signals).
Section 3302 (relating to meeting vehicle proceeding
in opposite direction).
Section 3303 (relating to overtaking vehicle on the
left).
Section 3304 (relating to overtaking vehicle on the
right).
Section 3305 (relating to limitations on overtaking
on the left).
Section 3306 (relating to limitations on driving on
left side of roadway).
Section 3307 (relating to no-passing zones).
Section 3309 (relating to driving on roadways laned
for traffic).
Section 3310 (relating to following too closely).
Section 3316 (relating to prohibiting interactive
wireless communications devices).
Section 3316.1 (relating to prohibiting use of
interactive wireless communications devices by junior
drivers).
Section 3323 (relating to stop signs and yield
signs).
Section 3326 (relating to duty of driver in
construction and maintenance areas or on highway safety
corridors).
Section 3361 (relating to driving vehicle at safe
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speed).
Section 3362 (relating to maximum speed limits).
Section 3702 (relating to limitations on backing).
Section 3714 (relating to careless driving).
Section 3736 (relating to reckless driving).
Section 3802 (relating to driving under influence of
alcohol or controlled substance).
* * *
§ 3327. Duty of driver in emergency response areas.
* * *
(e) Fines to be doubled.--In addition to any penalty as
provided in subsection (b), the fine for any of the following
violations when committed in an emergency response area manned
by emergency service responders shall be double the usual
amount:
Section 3102 (relating to obedience to authorized persons
directing traffic).
Section 3111 (relating to obedience to traffic-control
devices).
Section 3114 (relating to flashing signals).
Section 3302 (relating to meeting vehicle proceeding in
opposite direction).
Section 3303 (relating to overtaking vehicle on the
left).
Section 3304 (relating to overtaking vehicle on the
right).
Section 3305 (relating to limitations on overtaking on
the left).
Section 3306 (relating to limitations on driving on left
side of roadway).
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Section 3307 (relating to no-passing zones).
Section 3310 (relating to following too closely).
Section 3312 (relating to limited access highway
entrances and exits).
Section 3316 (relating to prohibiting interactive
wireless communications devices).
Section 3316.1 (relating to prohibiting use of
interactive wireless communications devices by junior
drivers).
Section 3323 (relating to stop signs and yield signs).
Section 3325 (relating to duty of driver on approach of
emergency vehicle).
Section 3361 (relating to driving vehicle at safe speed).
Section 3707 (relating to driving or stopping close to
fire apparatus).
Section 3710 (relating to stopping at intersection or
crossing to prevent obstruction).
Section 3714 (relating to careless driving).
Section 3736 (relating to reckless driving).
Section 3802 (relating to driving under influence of
alcohol or controlled substance).
* * *
§ 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.
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(c) Serious bodily injury.--If the person who violates this
section unintentionally causes the serious bodily injury of
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 the use of any of the
following, including, but not limited to:
(i) an interactive wireless communications device;
(ii) an electronic, electrical or mechanical device;
(iii) a personal grooming device;
(iv) food;
(v) drink; or
(vi) any printed material,
shall in addition to any other penalty imposed be sentenced
to pay a fine of $50.
(2) The provisions of this subsection shall not apply to
any person unless the person is convicted under subsection
(a) for a violation which occurred at the same time. No costs
as described under 42 Pa.C.S. § 1725.1 (relating to costs)
shall be imposed on account of any increased fine under this
subsection. Application of this subsection shall not
constitute a moving violation.
(3) 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, 2012.
(d) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Distracted." Having a person's attention diverted from
operating a vehicle by any task or item, including, but not
limited to, an electronic, electrical, mechanical or personal
grooming device, food, drink, book or printed material.
"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
(3) a communication device that is affixed to a mass
transit vehicle, bus or school bus.
Section 3. 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 hereby earmarked for and appropriated to the
department. This fund shall consist of all fines deposited
pursuant to section 3714(c.1) (relating to careless driving),
all Federal funds granted for that use and any moneys donated
into the fund. All such funds shall be used solely for the
purpose of the educational program established in subsection
(b).
(b) Educational program.--The department shall initiate an
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educational program to begin immediately to alert the public to
the provisions of section 3714(c.1) and the requirements and
penalties specified in 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 as well as to
others.
Section 2 4. This act shall take effect in 60 days. <--
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