Bill Text: PA HB538 | 2009-2010 | Regular Session | Introduced

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Bill Title: In general provisions, further providing for definitions; and, in rules of the road in general, prohibiting interactive wireless communications devices.

Spectrum: Slight Partisan Bill (Democrat 48-27)

Status: (Introduced - Dead) 2009-02-19 - Referred to TRANSPORTATION [HB538 Detail]

Download: Pennsylvania-2009-HB538-Introduced.html

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PRINTER'S NO. 587
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 538 Session of2009
INTRODUCED BY SHAPIRO, BOBACK, BRADFORD, BRENNAN, BRIGGS, CALTAGIRONE, CARROLL, CLYMER, COHEN, D. COSTA, CRUZ, DALLY, DeLUCA, DePASQUALE, DeWEESE, DiGIROLAMO, DRUCKER, FABRIZIO, FRANKEL, FREEMAN, GALLOWAY, GERGELY, GILLESPIE, GINGRICH, GRUCELA, HARHAI, HARKINS, HENNESSEY, HORNAMAN, KESSLER, KILLION, KORTZ, KULA, MAHONEY, MANN, McILVAINE SMITH, MELIO, MENSCH, MICCARELLI, MILLARD, MILNE, MUNDY, MURPHY, MUSTIO, O'NEILL, PASHINSKI, PETRARCA, PETRI, PRESTON, QUINN, READSHAW, REED, REICHLEY, SABATINA, SAMUELSON, SANTARSIERO, SCHRODER, SIPTROTH, K. SMITH, M. SMITH, STABACK, SWANGER, THOMAS, VEREB, WAGNER, WATSON AND YUDICHAK, FEBRUARY 19, 2009
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 19, 2009
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; and, in rules of the road in general,
prohibiting interactive wireless communications devices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a definition 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." Any 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. Title 75 is amended by adding a section to read:
§ 3316. Prohibiting interactive wireless communications
devices.
(a) Driver restrictions.--
(1) No driver shall operate a motor vehicle on a highway
or trafficway in this Commonwealth while using an interactive
wireless communications device unless the interactive
wireless communications device is a hands-free interactive
wireless communications device.
(2) 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 use an interactive wireless
communications device to contact a 511 service or 911 system
for the purpose of reporting an accident, an emergency or
obtaining directions;
(2) operators of emergency vehicles while engaged in the
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performance of official duties; or
(3) operators of public passenger transportation, as
defined in 74 Pa.C.S. § 1503 (relating to definitions).
(c) Construction.--The provisions of this section shall not
be construed as authorizing the seizure or forfeiture of an
interactive wireless communications device, unless otherwise
provided by law.
(d) Penalty.--A person who violates subsection (a) commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of $50.
(e) Preemption of local ordinances.--This section supersedes
and preempts all ordinances of any municipality with regard to
the use of an interactive wireless communication device by an
operator of a motor vehicle.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"511 service." Three-digit telecommunications dialing to
access an intelligent transportation system traveler information
service provided in this Commonwealth in accordance with the
Federal Communications Commission and the United States
Department of Transportation.
"911." The number used by a public agency located in whole
or in part within this Commonwealth authorized by law to provide
emergency telephone service to access firefighting, law
enforcement, ambulance, emergency medical or other emergency
services.
"Hands free interactive wireless communications device." An
interactive wireless communications device that has an internal
feature or that is equipped with an attachment or addition,
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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.
Section 3. This act shall take effect in 60 days.
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