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| PRIOR PRINTER'S NO. 86 | PRINTER'S NO. 2184 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 22, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, in rules of the road in general, prohibiting use of | <-- |
3 | interactive wireless communications devices by junior drivers | <-- |
4 | and in work zones; further providing for the offense of | <-- |
5 | careless driving; establishing the Driver Distraction |
6 | Awareness Fund; and providing for additional duties of the |
7 | Department of Transportation. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Title 75 of the Pennsylvania Consolidated |
11 | Statutes is amended by adding a section to read: |
12 | § 3316. Prohibiting use of interactive wireless communications | <-- |
13 | devices by junior drivers and in work zones. | <-- |
14 | (a) Junior drivers.--No driver with a learner's permit or | <-- |
15 | junior driver's license shall operate a motor vehicle on a |
16 | highway or trafficway in this Commonwealth while using an |
17 | interactive wireless communications device. |
18 | (a) General rule (b) Work zones.--No driver shall operate a | <-- |
19 | motor vehicle on a highway or trafficway within a work zone |
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1 | while using an interactive wireless communications device. |
2 | (b) (c) Exceptions.--This section shall not apply to: | <-- |
3 | (1) Law enforcement officers and operators of emergency |
4 | vehicles when on duty and acting in their official |
5 | capacities. |
6 | (2) Persons who are reporting an accident or emergency. |
7 | (3) Drivers who are using a hands-free interactive | <-- |
8 | wireless communications device Persons who use an interactive | <-- |
9 | wireless communications device when the vehicle is stopped at |
10 | an intersection or due to a traffic obstruction and the |
11 | transmission is in neutral or park. |
12 | (c) (d) Posting.--The department shall post a work zone with | <-- |
13 | signs designating the restriction. |
14 | (d) (e) Penalty.-- | <-- |
15 | (1) A person who violates subsection (a) or (b) commits | <-- |
16 | a summary offense and shall, upon conviction, be sentenced to |
17 | pay a fine of $100. |
18 | (2) A conviction under this section shall not constitute |
19 | a moving violation unless: | <-- |
20 | (i) The offense involves an accident. a moving | <-- |
21 | violation unless the offense involves an accident. |
22 | (ii) The offense is a second or subsequent violation | <-- |
23 | in less than one calendar year. |
24 | (f) Secondary action.--A conviction under this subsection by | <-- |
25 | State or local law enforcement agencies shall occur only as a |
26 | secondary action when a driver of a motor vehicle has been |
27 | convicted of any other provision of this title. |
28 | (e) (g) Definitions.--As used in this section, the following | <-- |
29 | words and phrases shall have the meanings given to them in this |
30 | subsection: |
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1 | "Interactive wireless communications device." A wireless |
2 | electronic communications device that provides for voice or data |
3 | communication between two or more parties, including, but not |
4 | limited to, a mobile or cellular telephone, a text messaging |
5 | device, a personal digital assistant that sends or receives |
6 | messages or a laptop computer. The term does not include a |
7 | citizens band radio, a two-way radio communication device or a |
8 | device that is permanently affixed during operation to a bus or |
9 | school bus. |
10 | "Hands-free interactive wireless communications device." An |
11 | interactive wireless communications device that has an internal |
12 | feature or is equipped with an attachment or addition, whether |
13 | permanently part of the interactive wireless communications |
14 | device, by which a user engages in a voice or data communication |
15 | without the use of either hand and regardless of whether either |
16 | hand is used to activate, deactivate or initiate a function of |
17 | the interactive wireless communications device. |
18 | Section 2. Section 3714 of Title 75 is amended to read: | <-- |
19 | § 3714. Careless driving. |
20 | (a) General rule.--Any person who drives a vehicle in |
21 | careless disregard for the safety of persons or property is |
22 | guilty of careless driving, a summary offense. |
23 | (b) Unintentional death.--If the person who violates this |
24 | section unintentionally causes the death of another person as a |
25 | result of the violation, the person shall, upon conviction, be |
26 | sentenced to pay a fine of $500. |
27 | (c) Serious bodily injury.--If the person who violates this |
28 | section unintentionally causes the serious bodily injury of |
29 | another person as a result of the violation, the person shall, |
30 | upon conviction, be sentenced to pay a fine of $250. |
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1 | (c.1) Additional fine for distracted driver.-- |
2 | (1) Any person who violates this section and at the time |
3 | of the violation is distracted by the use of any of the |
4 | following, including, but not limited to: |
5 | (i) an interactive wireless communications device; |
6 | (ii) an electronic, electrical or mechanical device; |
7 | (iii) a personal grooming device; |
8 | (iv) food; |
9 | (v) drink; or |
10 | (vi) any printed material, |
11 | shall in addition to any other penalty imposed be sentenced |
12 | to pay a fine of $50. |
13 | (2) The provisions of this subsection shall not apply to |
14 | any person unless the person is convicted under subsection |
15 | (a) for a violation which occurred at the same time. No costs |
16 | as described under 42 Pa.C.S. § 1725.1 (relating to costs) |
17 | shall be imposed on account of any increased fine under this |
18 | subsection. Application of this subsection shall not |
19 | constitute a moving violation. |
20 | (3) Fines collected under this subsection shall be paid |
21 | to the Commonwealth for deposit into the Driver Distraction |
22 | Awareness Fund. |
23 | (c.2) Report.--The department shall submit to the General |
24 | Assembly a report on the effects of subsection (c.1) by August |
25 | 31, 2012. |
26 | (d) Definitions.--As used in this section, the following |
27 | words and phrases shall have the meanings given to them in this |
28 | subsection unless the context clearly indicates otherwise: |
29 | "Distracted." Having a person's attention diverted from |
30 | operating a vehicle by any task or item, including, but not |
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1 | limited to, an electronic, electrical, mechanical or personal |
2 | grooming device, food, drink, book or printed material. |
3 | "Interactive wireless communications device." A wireless |
4 | telephone, personal digital assistant, smart phone, portable or |
5 | mobile computer or similar device which can be used for voice |
6 | communication, texting, e-mailing, browsing the Internet or |
7 | instant messaging. The term does not include any of the |
8 | following: |
9 | (1) a device being used exclusively as a global |
10 | positioning or navigation system; |
11 | (2) a system or device that is physically or |
12 | electronically integrated into the vehicle; or |
13 | (3) a communication device that is affixed to a mass |
14 | transit vehicle, bus or school bus. |
15 | Section 3. Title 75 is amended by adding a section to read: |
16 | § 3714.1. Driver Distraction Awareness Fund. |
17 | (a) Fund established.--The Driver Distraction Awareness Fund |
18 | is established in the Motor License Fund as a special restricted |
19 | receipts account hereby earmarked for and appropriated to the |
20 | department. This fund shall consist of all fines deposited |
21 | pursuant to section 3714(c.1) (relating to careless driving), |
22 | all Federal funds granted for that use and any moneys donated |
23 | into the fund. All such funds shall be used solely for the |
24 | purpose of the educational program established in subsection |
25 | (b). |
26 | (b) Educational program.--The department shall initiate an |
27 | educational program to begin immediately to alert the public to |
28 | the provisions of section 3714(c.1) and the requirements and |
29 | penalties specified in section 3714(c.1). The program shall also |
30 | encourage motorists to eliminate distractions in the vehicle as |
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1 | a means of reducing the risk of harm to themselves as well as to |
2 | others. |
3 | Section 2 4. This act shall take effect in 60 days. | <-- |
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