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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SHAPIRO, DePASQUALE, MARKOSEK, VEREB, BOBACK, BEAR, BRADFORD, BRENNAN, BRIGGS, CALTAGIRONE, CHRISTIANA, CLYMER, COHEN, CONKLIN, DEASY, DeLUCA, DeWEESE, FABRIZIO, FRANKEL, FREEMAN, GIBBONS, GINGRICH, GROVE, HACKETT, HAHN, HARKINS, HENNESSEY, HESS, HORNAMAN, JOHNSON, JOSEPHS, W. KELLER, KILLION, KORTZ, KOTIK, KULA, MAHONEY, MANN, MARSHALL, MARSICO, MILLARD, MUNDY, MURPHY, MURT, MUSTIO, M. O'BRIEN, O'NEILL, PAYTON, PETRI, QUINN, RAVENSTAHL, READSHAW, REED, SABATINA, SAMUELSON, SANTARSIERO, SCHRODER, K. SMITH, M. SMITH, STABACK, STERN, SWANGER, VULAKOVICH, WAGNER, WATSON AND YOUNGBLOOD, JANUARY 31, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 31, 2011 |
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| AN ACT |
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1 | Amending Titles 42 (Judiciary and Judicial Procedure) and 75 |
2 | (Vehicles) of the Pennsylvania Consolidated Statutes, further |
3 | providing for Commonwealth portion of fines, etc. and for |
4 | municipal corporation portion of fines, etc.; defining |
5 | "interactive wireless communication device"; further |
6 | providing for junior driver's license, for learners' permits |
7 | and for suspension of operating privilege; prohibiting use of |
8 | interactive wireless communication device; and further |
9 | providing for duty of driver in construction and maintenance |
10 | areas or on highway safety corridors, for duty of driver in |
11 | emergency response areas, for accident report forms, for |
12 | department to compile, tabulate and analyze accident reports, |
13 | for television equipment, for restraint systems and for |
14 | applicability and uniformity of title. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | declares that the part of this act that limits the number of |
17 | passengers a junior driver may transport in a motor vehicle at |
18 | one time may be referred to as Lacey's Law in honor of Lacey |
19 | Gallagher. |
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1 | The General Assembly of the Commonwealth of Pennsylvania |
2 | hereby enacts as follows: |
3 | Section 1. Sections 3571(b) and 3573(b) of Title 42 of the |
4 | Pennsylvania Consolidated Statutes are amended to read: |
5 | § 3571. Commonwealth portion of fines, etc. |
6 | * * * |
7 | (b) Vehicle offenses.-- |
8 | (1) All fines, forfeited recognizances and other |
9 | forfeitures imposed, lost or forfeited in connection with |
10 | matters arising under Chapter 77 of Title 75 (relating to |
11 | snowmobiles) shall unless otherwise provided in Chapter 77 of |
12 | Title 75 be payable to the Commonwealth. |
13 | (2) Except as provided in [paragraph (4)] paragraphs (4) |
14 | and (5), when prosecution under any other provision of Title |
15 | 75 (relating to vehicles) is the result of State Police |
16 | action, all fines, forfeited recognizances and other |
17 | forfeitures imposed, lost or forfeited shall be payable to |
18 | the Commonwealth, for credit to the Motor License Fund. One- |
19 | half of the revenue shall be paid to municipalities in the |
20 | same ratio provided in section 4 of the [act of June 1, 1956 |
21 | (P.L.1944, No.655), relating to partial allocation of liquid |
22 | fuels and fuel use tax proceeds] act of June 1, 1956 (1955 |
23 | P.L.1944, No.655), referred to as the Liquid Fuels Tax |
24 | Municipal Allocation Law. |
25 | (3) Except as provided in paragraph (5) and section 3573 |
26 | (relating to municipal corporation portion of fines, etc.), |
27 | when prosecution under any other provision of Title 75 is the |
28 | result of local police action, one-half of all fines, |
29 | forfeited recognizances and other forfeitures imposed, lost |
30 | or forfeited shall be payable to the Commonwealth, for credit |
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1 | to the Motor License Fund. |
2 | (4) When prosecution under 75 Pa.C.S. § 3802 (relating |
3 | to driving under influence of alcohol or controlled |
4 | substance) is the result of State Police action, 50% of all |
5 | fines, forfeited recognizances and other forfeitures imposed, |
6 | lost or forfeited shall be payable to the Commonwealth, for |
7 | credit to the Motor License Fund, and 50% shall be payable to |
8 | the county which shall be further divided as follows: |
9 | (i) Fifty percent of the moneys received shall be |
10 | allocated to the appropriate county authority which |
11 | implements the county drug and alcohol program to be used |
12 | solely for the purposes of aiding programs promoting drug |
13 | abuse and alcoholism prevention, education, treatment and |
14 | research. |
15 | (ii) Fifty percent of the moneys received shall be |
16 | used for expenditures incurred for county jails, prisons, |
17 | workhouses and detention centers. |
18 | (5) When prosecution under 75 Pa.C.S. § 3316 (relating |
19 | to prohibiting use of interactive wireless communication |
20 | device) is the result of Pennsylvania State Police action, |
21 | 25% of all revenue from fines shall be paid to municipalities |
22 | in the same ratio provided in section 4 of the Liquid Fuels |
23 | Tax Municipal Allocation Law, and 75% of the revenue from the |
24 | fines shall be allocated and are appropriated on a continuing |
25 | basis to the Department of Transportation for Statewide |
26 | public education and awareness programs to combat distracted |
27 | driving and driving under the influence and promote awareness |
28 | under 75 Pa.C.S. § 3316(f). |
29 | * * * |
30 | § 3573. Municipal corporation portion of fines, etc. |
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1 | * * * |
2 | (b) Vehicle offenses.-- |
3 | (1) When prosecution under the provisions of Title 75 |
4 | (relating to vehicles) for parking is the result of local |
5 | police action, all fines, forfeited recognizances and other |
6 | forfeitures imposed, lost or forfeited shall be payable to |
7 | the municipal corporation under which the local police are |
8 | organized. |
9 | (2) Except as provided in [paragraph (3)] paragraphs (3) |
10 | and (4), when prosecution under any other provision of Title |
11 | 75 (except Chapter 77 (relating to snowmobiles)) is the |
12 | result of local police action, one-half of all fines, |
13 | forfeited recognizances and other forfeitures imposed, lost |
14 | or forfeited shall be payable to the municipal corporation |
15 | under which the local police are organized. |
16 | (3) When prosecution under 75 Pa.C.S. § 3802 (relating |
17 | to driving under influence of alcohol or controlled |
18 | substance) is the result of local police action, 50% of all |
19 | fines, forfeited recognizances and other forfeitures imposed, |
20 | lost or forfeited shall be payable to the municipal |
21 | corporation under which the local police are organized, and |
22 | 50% shall be payable to the county which shall be further |
23 | divided as follows: |
24 | (i) Fifty percent of the moneys received shall be |
25 | allocated to the appropriate county authority which |
26 | implements the county drug and alcohol program to be used |
27 | solely for the purposes of aiding programs promoting drug |
28 | abuse and alcoholism prevention, education, treatment and |
29 | research. |
30 | (ii) Fifty percent of the moneys received shall be |
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1 | used for expenditures incurred for county jails, prisons, |
2 | workhouses and detention centers. |
3 | (4) When prosecution under 75 Pa.C.S. § 3316 (relating |
4 | to prohibiting use of interactive wireless communication |
5 | device) is the result of local police action, 25% of all |
6 | revenue from fines shall be payable to the municipal |
7 | corporation under which the local police are organized, and |
8 | 75% shall be payable and is appropriated on a continuing |
9 | basis to the Department of Transportation for Statewide |
10 | public education and awareness programs to combat driving |
11 | under the influence and distracted driving as established by |
12 | 75 Pa.C.S. § 3316(f). |
13 | * * * |
14 | Section 3. Section 102 of Title 75 is amended by adding a |
15 | definition to read: |
16 | § 102. Definitions. |
17 | Subject to additional definitions contained in subsequent |
18 | provisions of this title which are applicable to specific |
19 | provisions of this title, the following words and phrases when |
20 | used in this title shall have, unless the context clearly |
21 | indicates otherwise, the meanings given to them in this section: |
22 | * * * |
23 | "Interactive wireless communication device." A wireless |
24 | telephone, personal digital assistant, smart phone, portable or |
25 | mobile computer, or similar device which can be used for voice |
26 | communication, texting, e-mailing, browsing the Internet or |
27 | instant messaging. The term does not include a device being used |
28 | exclusively as a global positioning or navigation system or a |
29 | system or device that is physically or electronically integrated |
30 | into the vehicle. |
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1 | * * * |
2 | Section 2. Sections 1503(c), 1505(e) and 1538(e) of Title 75 |
3 | are amended to read: |
4 | § 1503. Persons ineligible for licensing; license issuance to |
5 | minors; junior driver's license. |
6 | * * * |
7 | (c) Junior driver's license.--The department may issue a |
8 | junior driver's license to a person 16 or 17 years of age under |
9 | rules and regulations adopted by the department and subject to |
10 | the provisions of this section. A junior driver's license shall |
11 | automatically become a regular driver's license when the junior |
12 | driver attains 18 years of age. |
13 | (1) Except as provided in paragraph (2), no licensed |
14 | junior driver shall drive a vehicle upon a public highway |
15 | between 11 p.m. and 5 a.m. unless accompanied by a spouse 18 |
16 | years of age or older, a parent or a person in loco parentis. |
17 | (2) A licensed junior driver conforming to the |
18 | requirements of section 1507 (relating to application for |
19 | driver's license or learner's permit by minor) may drive a |
20 | vehicle upon a public highway between 11 p.m. and 5 a.m. |
21 | between the junior driver's home and activity or employment |
22 | or in the course of the junior driver's activity or |
23 | employment if the junior driver is a member of a volunteer |
24 | fire company authorized by the fire chief to engage in |
25 | fighting fires, is engaged in public or charitable service or |
26 | is employed and is carrying an affidavit or certificate of |
27 | authorization signed by the junior driver's fire chief, |
28 | supervisor or employer indicating the probable schedule of |
29 | the junior driver's activities. Upon termination of the |
30 | junior driver's activity or employment, the junior driver |
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1 | shall surrender the affidavit or certificate to the fire |
2 | chief, supervisor or employer. If the junior driver shall |
3 | fail to surrender the affidavit or certificate, the employer, |
4 | fire chief or supervisor shall immediately notify the |
5 | Pennsylvania State Police. |
6 | (2.1) Except as set forth in paragraph (2.2), a junior |
7 | driver may not drive a vehicle with more than one passenger |
8 | under 18 years of age. |
9 | (2.2) With parental or in loco parentis approval, a |
10 | junior driver may drive a vehicle with passengers who are |
11 | siblings or relatives who live in the same dwelling as the |
12 | junior driver. |
13 | (3) In addition to the other provisions of this title |
14 | relating to the suspension or revocation of operating |
15 | privileges, in the event that a licensed junior driver is |
16 | involved in an accident reportable under section 3746(a) for |
17 | which the junior driver is partially or fully responsible in |
18 | the opinion of the department or is convicted of any |
19 | violation of this title, the department may suspend the |
20 | operating privileges of the junior driver until the junior |
21 | driver attains 18 years of age or for a period of time not |
22 | exceeding 90 days. |
23 | (4) Any junior driver or other person violating any |
24 | provision of this subsection is guilty of a summary offense. |
25 | § 1505. Learners' permits. |
26 | * * * |
27 | (e) Authorization to test for driver's license and junior |
28 | driver's license.--A person with a learner's permit is |
29 | authorized to take the examination for a regular or junior |
30 | driver's license for the class of vehicle for which a permit is |
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1 | held. Before a person under the age of 18 years may take the |
2 | examination for a junior driver's license, the minor must: |
3 | (1) Have held a learner's permit for that class of |
4 | vehicle for a period of six months. |
5 | (2) Present to the department a certification form |
6 | signed by the father, mother, guardian, person in loco |
7 | parentis or spouse of a married minor stating that the minor |
8 | applicant has completed [50] 65 hours of practical driving |
9 | experience, including no less than ten hours of nighttime |
10 | driving and five hours of inclement weather driving, |
11 | accompanied as required under subsection (b). Submission of a |
12 | certification shall not subject the parent, guardian, person |
13 | in loco parentis or spouse of a married minor to any |
14 | liability based upon the certification. |
15 | (3) Have the certification form completed when the minor |
16 | is ready for the licensing examination. The certification |
17 | form shall be developed by the department and will be |
18 | provided by the department when the original application for |
19 | a learner's permit is processed. The department will make |
20 | this form readily available through the mail or electronic |
21 | means. |
22 | * * * |
23 | § 1538. School, examination or hearing on accumulation of |
24 | points or excessive speeding. |
25 | * * * |
26 | (e) Additional suspension of operating privilege.-- |
27 | (1) In addition to any other provisions of law relating |
28 | to the suspension or revocation of operating privileges, a |
29 | person's operating privileges shall be suspended under any of |
30 | the following circumstances: |
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1 | (i) Prior to reaching age 18, the person violates |
2 | section 3362 (relating to maximum speed limits) by |
3 | traveling 26 miles per hour or more over the posted speed |
4 | limit and the violation results in a conviction, guilty |
5 | plea or plea of no contest before or after the person |
6 | reaches age 18. |
7 | (ii) The person accumulates six or more points under |
8 | the provisions of section 1535 (relating to schedule of |
9 | convictions and points) and the violations resulting in |
10 | points accumulation were committed before the person |
11 | reached age 18. |
12 | (2) The first suspension under paragraph (1) shall be |
13 | for a period of 90 days with every subsequent suspension |
14 | under paragraph (1) to be for a period of 120 days. |
15 | Suspensions under paragraph (1) shall be imposed |
16 | consecutively to each other and to any other suspension. A |
17 | suspension under paragraph (1) shall be considered a |
18 | subsequent suspension even if it is imposed contemporaneously |
19 | with a first suspension imposed under paragraph (1). A |
20 | suspension under this paragraph shall be in lieu of a |
21 | suspension under subsection (d)(1). |
22 | Section 4. Title 75 is amended by adding a section to read: |
23 | § 3316. Prohibiting use of interactive wireless communication |
24 | device. |
25 | (a) Driver restrictions.-- |
26 | (1) No person shall drive a motor vehicle upon a roadway |
27 | or trafficway in this Commonwealth while using an interactive |
28 | wireless communication device for a purpose other than: |
29 | (i) voice communication through the use of an |
30 | interactive wireless communications device while in |
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1 | hands-free mode; |
2 | (ii) reading, selecting or entering a telephone |
3 | number or name into an interactive wireless communication |
4 | device for the purpose of voice communication; or |
5 | (iii) utilizing a global positioning or navigation |
6 | system. |
7 | (2) No person with a learner's permit or junior driver's |
8 | license shall drive a motor vehicle upon a roadway or |
9 | trafficway in this Commonwealth while using an interactive |
10 | wireless communication device. |
11 | (b) Exceptions.--This section shall not apply to: |
12 | (1) A driver using an interactive wireless communication |
13 | device to contact a 911 system or wireless E-911 service, as |
14 | defined in the act of July 9, 1990 (P.L.340, No.78), known as |
15 | the Public Safety Emergency Telephone Act. |
16 | (2) A driver using an interactive wireless communication |
17 | device when the vehicle is stopped due to a traffic |
18 | obstruction and the motor vehicle transmission is in neutral |
19 | or park. |
20 | (3) Operators of emergency vehicles who use an |
21 | interactive wireless communications device for voice |
22 | communication for the purpose of responding to an emergency |
23 | while engaged in the performance of their official duties. |
24 | (4) Volunteer emergency responders who use an |
25 | interactive wireless communications device for voice |
26 | communication for the purpose of responding to an emergency |
27 | while engaged in the performance of their official duties. |
28 | (c) Seizure.--The provisions of this section shall not be |
29 | construed as authorizing the seizure or forfeiture of an |
30 | interactive wireless communication device. |
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1 | (d) Penalty.-- |
2 | (1) A person who violates subsection (a) commits a |
3 | summary offense and shall, upon conviction, be sentenced to |
4 | pay a fine of $50. |
5 | (2) A person who violates subsection (a) while passing |
6 | through a school zone, as defined and provided under the |
7 | regulations of the department, commits a summary offense and |
8 | shall, upon conviction, be sentenced to pay a fine of $100. |
9 | An official traffic-control device shall indicate the |
10 | beginning and end of each school zone to traffic approaching |
11 | in each direction. Establishment of a school zone, including |
12 | its location and hours of operation, shall be approved by the |
13 | department. |
14 | (e) Public education and awareness program.--The department |
15 | shall develop and maintain Statewide public education and |
16 | awareness programs to combat distracted driving and driving |
17 | under the influence and promote awareness of the provisions of |
18 | this section subject to available funding. |
19 | (f) Guidelines.--The department shall, in consultation with |
20 | the Department of Education and the Pennsylvania State Police, |
21 | promulgate guidelines for the implementation of subsection (e) |
22 | within six months of the effective date of this section. |
23 | (g) Insurance.--An insurer may not charge an insured who has |
24 | been convicted under this section a higher premium for a policy |
25 | of insurance in whole or in part by reason of that conviction. |
26 | (h) Department to compile report.--The department shall |
27 | annually compile and make available to the Transportation |
28 | Committee of the Senate and the Transportation Committee of the |
29 | House of Representatives a report detailing the public education |
30 | efforts to combat distracted driving and driving under the |
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1 | influence and promote awareness of the provisions of this |
2 | section. |
3 | (i) Definitions.--As used in this section, the following |
4 | words and phrases shall have the meanings given to them in this |
5 | subsection unless the context clearly indicates otherwise: |
6 | "Hands-free mode." The use of an interactive wireless |
7 | communications device that allows the user to engage in |
8 | communication without the use of either hand by means of an |
9 | internal feature or function or an attachment or device. |
10 | "Volunteer emergency responder." Any of the following: |
11 | (1) A member of a volunteer ambulance service as defined |
12 | in section 102 of the act of July 31, 2003 (P.L.73, No.17), |
13 | known as the Volunteer Fire Company and Volunteer Ambulance |
14 | Service Grant Act. |
15 | (2) A member of a volunteer fire company as defined in |
16 | section 102 of the Volunteer Fire Company and Volunteer |
17 | Ambulance Service Grant Act. |
18 | (3) A member of a volunteer rescue company as defined in |
19 | section 102 of the Volunteer Fire Company and Volunteer |
20 | Ambulance Service Grant Act. |
21 | Section 5. Sections 3326(c), 3327(e) and 3752(a) of Title 75 |
22 | are amended to read: |
23 | § 3326. Duty of driver in construction and maintenance areas or |
24 | on highway safety corridors. |
25 | * * * |
26 | (c) Fines to be doubled.--For any of the following |
27 | violations, when committed in an active work zone manned by |
28 | workers acting in their official capacity or on a highway safety |
29 | corridor designated under section 6105.1 (relating to |
30 | designation of highway safety corridors), the fine shall be |
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1 | double the usual amount: |
2 | Section 3102 (relating to obedience to authorized persons |
3 | directing traffic). |
4 | Section 3111 (relating to obedience to traffic-control |
5 | devices). |
6 | Section 3112 (relating to traffic-control signals). |
7 | Section 3114 (relating to flashing signals). |
8 | Section 3302 (relating to meeting vehicle proceeding in |
9 | opposite direction). |
10 | Section 3303 (relating to overtaking vehicle on the |
11 | left). |
12 | Section 3304 (relating to overtaking vehicle on the |
13 | right). |
14 | Section 3305 (relating to limitations on overtaking on |
15 | the left). |
16 | Section 3306 (relating to limitations on driving on left |
17 | side of roadway). |
18 | Section 3307 (relating to no-passing zones). |
19 | Section 3309 (relating to driving on roadways laned for |
20 | traffic). |
21 | Section 3310 (relating to following too closely). |
22 | Section 3316(a) (relating to prohibiting use of |
23 | interactive wireless communication device). |
24 | Section 3323 (relating to stop signs and yield signs). |
25 | Section 3326 (relating to duty of driver in construction |
26 | and maintenance areas or on highway safety corridors). |
27 | Section 3361 (relating to driving vehicle at safe speed). |
28 | Section 3362 (relating to maximum speed limits). |
29 | Section 3702 (relating to limitations on backing). |
30 | Section 3714 (relating to careless driving). |
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1 | Section 3736 (relating to reckless driving). |
2 | Section 3802 (relating to driving under influence of |
3 | alcohol or controlled substance). |
4 | * * * |
5 | § 3327. Duty of driver in emergency response areas. |
6 | * * * |
7 | (e) Fines to be doubled.--In addition to any penalty as |
8 | provided in subsection (b), the fine for any of the following |
9 | violations when committed in an emergency response area manned |
10 | by emergency service responders shall be double the usual |
11 | amount: |
12 | Section 3102 (relating to obedience to authorized persons |
13 | directing traffic). |
14 | Section 3111 (relating to obedience to traffic-control |
15 | devices). |
16 | Section 3114 (relating to flashing signals). |
17 | Section 3302 (relating to meeting vehicle proceeding in |
18 | opposite direction). |
19 | Section 3303 (relating to overtaking vehicle on the |
20 | left). |
21 | Section 3304 (relating to overtaking vehicle on the |
22 | right). |
23 | Section 3305 (relating to limitations on overtaking on |
24 | the left). |
25 | Section 3306 (relating to limitations on driving on left |
26 | side of roadway). |
27 | Section 3307 (relating to no-passing zones). |
28 | Section 3310 (relating to following too closely). |
29 | Section 3312 (relating to limited access highway |
30 | entrances and exits). |
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1 | Section 3316(a) (relating to prohibiting use of |
2 | interactive wireless communication device). |
3 | Section 3323 (relating to stop signs and yield signs). |
4 | Section 3325 (relating to duty of driver on approach of |
5 | emergency vehicle). |
6 | Section 3361 (relating to driving vehicle at safe speed). |
7 | Section 3707 (relating to driving or stopping close to |
8 | fire apparatus). |
9 | Section 3710 (relating to stopping at intersection or |
10 | crossing to prevent obstruction). |
11 | Section 3714 (relating to careless driving). |
12 | Section 3736 (relating to reckless driving). |
13 | Section 3802 (relating to driving under influence of |
14 | alcohol or controlled substance). |
15 | * * * |
16 | § 3752. Accident report forms. |
17 | (a) Form and content.--The department shall prepare and upon |
18 | request supply to all law enforcement agencies and other |
19 | appropriate agencies or individuals, forms for written accident |
20 | reports as required in this subchapter suitable with respect to |
21 | the persons required to make the reports and the purposes to be |
22 | served. The written report forms shall call for sufficiently |
23 | detailed information to disclose with reference to a vehicle |
24 | accident the cause, conditions then existing and the persons and |
25 | vehicles involved, including whether the driver of the vehicle |
26 | was using an interactive wireless communication device when the |
27 | accident occurred, and such other information as the department |
28 | may require. Reports for use by the drivers and owners shall |
29 | also provide for information relating to financial |
30 | responsibility. |
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1 | * * * |
2 | Section 6. Section 3753 of Title 75 is amended by adding a |
3 | subsection to read: |
4 | § 3753. Department to compile, tabulate and analyze accident |
5 | reports. |
6 | * * * |
7 | (b.1) Report on interactive wireless communications |
8 | devices.--The department shall annually compile and make |
9 | available to the public information submitted on an accident |
10 | report concerning interactive wireless communications devices in |
11 | motor vehicles involved in traffic accidents. The report shall |
12 | note whether the driver of the motor vehicle was using an |
13 | interactive wireless communications device when the accident |
14 | occurred. The data shall be included in a report submitted to |
15 | the Transportation Committee of the Senate and the |
16 | Transportation Committee of the House of Representatives. |
17 | * * * |
18 | Section 7. Sections 4527, 4581(a) and (b) and 6101 of Title |
19 | 75 are amended to read: |
20 | § 4527. [Television] Video receiving equipment. |
21 | (a) General rule.--[No] Except as provided in subsection |
22 | (c), no person shall drive a motor vehicle [operated on a |
23 | highway shall be] equipped with [television-type] any image |
24 | display device, video receiving equipment, including a receiver, |
25 | a video monitor or a television or video screen capable of |
26 | displaying a television broadcast or video signal that produces |
27 | entertainment or business applications or similar equipment |
28 | which is located in the motor vehicle at any point forward of |
29 | the back of the driver's seat [or otherwise], or which is |
30 | visible, directly or indirectly, to the driver while operating |
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1 | the motor vehicle. |
2 | (a.1) Except as provided in subsection (b), no person may |
3 | install in a motor vehicle an image display device intended to |
4 | be visible to a driver in the normal driving position when the |
5 | vehicle is in motion and when restrained by the safety seat belt |
6 | system adjusted in accordance with the manufacturer's |
7 | recommendations. |
8 | (b) Exception.--This section shall not apply to the |
9 | following: |
10 | (1) [Television-type receiving equipment] Image display |
11 | devices in a vehicle used exclusively for safety or law |
12 | enforcement purposes as approved by the Pennsylvania State |
13 | Police. |
14 | (2) [Electronic displays] Image display devices used in |
15 | conjunction with in-vehicle navigation systems, related |
16 | traffic, road and weather information. |
17 | (3) Image display devices that provide vehicle |
18 | information related to the driving task or to enhance or |
19 | supplement the driver's view forward, behind or to the sides |
20 | of the motor vehicle or permit the driver to monitor vehicle |
21 | occupants behind the driver. |
22 | (4) Image display devices that do not display images to |
23 | the driver while the vehicle is in motion. |
24 | (5) Image display devices which display an image while a |
25 | vehicle is parked. |
26 | (c) Definitions.--As used in this section, the term "image |
27 | display device" means equipment capable of displaying to the |
28 | driver of the motor vehicle: |
29 | (1) a broadcast television image; or |
30 | (2) a visual image, other than text, from a digital |
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1 | video disc or other storage device. |
2 | § 4581. Restraint systems. |
3 | (a) Occupant protection.-- |
4 | (1) Any person who is operating a passenger car, Class I |
5 | truck, Class II truck, classic motor vehicle, antique motor |
6 | vehicle or motor home and who transports a child under four |
7 | years of age anywhere in the motor vehicle, including the |
8 | cargo area, shall fasten such child securely in a child |
9 | passenger restraint system, as defined in subsection (d). |
10 | This subsection shall apply to all persons while they are |
11 | operators of motor vehicles where a seating position is |
12 | available which is equipped with a seat safety belt or other |
13 | means to secure the systems or where the seating position was |
14 | originally equipped with seat safety belts. |
15 | (1.1) Any person who is operating a passenger car, Class |
16 | I truck, Class II truck, classic motor vehicle, antique motor |
17 | vehicle or motor home and who transports a child four years |
18 | of age or older but under eight years of age anywhere in the |
19 | motor vehicle, including the cargo area, shall fasten such |
20 | child securely in a fastened safety seat belt system and in |
21 | an appropriately fitting child booster seat, as defined in |
22 | subsection (d). This paragraph shall apply to all persons |
23 | while they are operators of motor vehicles where a seating |
24 | position is available which is equipped with a seat safety |
25 | belt or other means to secure the systems or where the |
26 | seating position was originally equipped with seat safety |
27 | belts. [A conviction under this paragraph by State or local |
28 | law enforcement agencies shall occur only as a secondary |
29 | action when a driver of a motor vehicle has been convicted of |
30 | violating any other provision of this title.] |
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1 | (2) [Except for children under eight years of age and |
2 | except as provided in paragraphs (1) and (1.1), each] |
3 | (i) The driver [and front seat occupant] of a |
4 | passenger car, Class I truck, Class II truck or motor |
5 | home operated in this Commonwealth shall [wear] secure or |
6 | cause to be secured in a properly adjusted and fastened |
7 | safety seat belt system the driver and every vehicle |
8 | occupant between eight years of age and 18 years of age. |
9 | [A conviction under this paragraph by State or local law |
10 | enforcement agencies shall occur only as a secondary |
11 | action when a driver of a motor vehicle has been |
12 | convicted of any other provision of this title. The |
13 | driver of a passenger automobile shall secure or cause to |
14 | be secured in a properly adjusted and fastened safety |
15 | seat belt system any occupant who is eight years of age |
16 | or older and less than 18 years of age.] |
17 | (ii) Except for children under 18 years of age and |
18 | except as provided in paragraphs (1) and (1.1) and |
19 | subparagraph (i), each driver and front seat occupant of |
20 | a passenger car, Class I truck, Class II truck, classic |
21 | motor vehicle, antique motor vehicle or motor home |
22 | operated in this Commonwealth shall wear a properly |
23 | adjusted and fastened safety seat belt system. |
24 | (iii) This paragraph shall not apply to: |
25 | [(i)] (A) A driver or front seat occupant of any |
26 | vehicle manufactured before July 1, 1966. |
27 | [(ii)] (B) A driver or front seat occupant who |
28 | possesses a written verification from a physician |
29 | that he is unable to wear a safety seat belt system |
30 | for physical or medical reasons, or from a |
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1 | psychiatrist or other specialist qualified to make an |
2 | informed judgment that he is unable to wear a safety |
3 | seat belt system for psychological reasons. |
4 | [(iii)] (C) A rural letter carrier while |
5 | operating any motor vehicle during the performance of |
6 | his duties as a United States postal service rural |
7 | letter carrier only between the first and last |
8 | delivery points. |
9 | [(iv)] (D) A driver who makes frequent stops and |
10 | is traveling less than 15 miles per hour for the |
11 | purpose of delivering goods or services while in the |
12 | performance of his duties and only between the first |
13 | and last delivery points. |
14 | A violation of this paragraph shall not be subject to the |
15 | assessment of any points under section 1535 (relating to |
16 | schedule of convictions and points). |
17 | (3) A driver who is under 18 years of age may not |
18 | operate a motor vehicle in which the number of passengers |
19 | exceeds the number of available safety seat belts in the |
20 | vehicle. |
21 | (b) Offense.--Anyone who fails to comply with the provisions |
22 | of subsection (a)(1) or (1.1) shall be guilty of a summary |
23 | offense with a maximum fine of $100. The court imposing and |
24 | collecting any such fines shall transfer the fines thus |
25 | collected to the State Treasurer for deposit in the Child |
26 | Passenger Restraint Fund, pursuant to section 4582 (relating to |
27 | Child Passenger Restraint Fund). Anyone who violates subsection |
28 | (a)(2) or (3) commits a summary offense and shall, upon |
29 | conviction, be sentenced to pay a fine of $10. No person shall |
30 | be convicted of a violation of subsection (a)(2) or (3) unless |
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1 | the person is also convicted of another violation of this title |
2 | which occurred at the same time. No costs as described in 42 |
3 | Pa.C.S. § 1725.1 (relating to costs) shall be imposed for |
4 | summary conviction of subsection (a)(2) or (3). Conviction under |
5 | this subsection shall not constitute a moving violation. |
6 | * * * |
7 | § 6101. Applicability and uniformity of title. |
8 | The provisions of this title shall be applicable and uniform |
9 | throughout this Commonwealth and in all political subdivisions |
10 | in this Commonwealth, and no local authority shall enact or |
11 | enforce any ordinance on a matter covered by the provisions of |
12 | this title unless expressly authorized. A person charged with |
13 | violating an ordinance determined to be enacted or enforced in |
14 | violation of this section shall be awarded court costs and |
15 | attorney fees incurred as a result of defending against the |
16 | charge. |
17 | Section 8. This act shall take effect in 60 days. |
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