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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, RAVENSTAHL, READSHAW, SANTARSIERO, K. SMITH, SWANGER AND YOUNGBLOOD, NOVEMBER 17, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 17, 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 |
3 | interactive wireless communications devices in work zones. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 75 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 3316. Prohibiting interactive wireless communications devices |
9 | in work zones. |
10 | (a) General rule.--No driver shall operate a motor vehicle |
11 | on a highway or trafficway within a work zone while using an |
12 | interactive wireless communications device. |
13 | (b) Exceptions.--This section shall not apply to: |
14 | (1) Law enforcement officers and operators of emergency |
15 | vehicles when on duty and acting in their official |
16 | capacities. |
17 | (2) Persons who are reporting an accident or emergency. |
18 | (3) Drivers who are using a hands-free interactive |
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1 | wireless communications device. |
2 | (c) Posting.--The department shall post a work zone with |
3 | signs designating the restriction. |
4 | (d) Penalty.-- |
5 | (1) A person who violates subsection (a) commits a |
6 | summary offense and shall, upon conviction, be sentenced to |
7 | pay a fine of $100. |
8 | (2) A conviction under this section shall not constitute |
9 | a moving violation unless: |
10 | (i) The offense involves an accident. |
11 | (ii) The offense is a second or subsequent violation |
12 | in less than one calendar year. |
13 | (e) Definitions.--As used in this section, the following |
14 | words and phrases shall have the meanings given to them in this |
15 | subsection: |
16 | "Interactive wireless communications device." A wireless |
17 | electronic communications device that provides for voice or data |
18 | communication between two or more parties, including, but not |
19 | limited to, a mobile or cellular telephone, a text messaging |
20 | device, a personal digital assistant that sends or receives |
21 | messages or a laptop computer. The term does not include a |
22 | citizens band radio, a two-way radio communication device or a |
23 | device that is permanently affixed during operation to a bus or |
24 | school bus. |
25 | "Hands-free interactive wireless communications device." An |
26 | interactive wireless communications device that has an internal |
27 | feature or is equipped with an attachment or addition, whether |
28 | permanently part of the interactive wireless communications |
29 | device, by which a user engages in a voice or data communication |
30 | without the use of either hand and regardless of whether either |
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1 | hand is used to activate, deactivate or initiate a function of |
2 | the interactive wireless communications device. |
3 | Section 2. This act shall take effect in 60 days. |
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