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| PRIOR PRINTER'S NO. 456 | PRINTER'S NO. 939 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY TOMLINSON, McILHINNEY, ERICKSON, STACK, WILLIAMS, RAFFERTY, MUSTO, O'PAKE, COSTA, WOZNIAK, BOSCOLA, FERLO AND WASHINGTON, MARCH 2, 2009 |
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| SENATOR WONDERLING, TRANSPORTATION, AS AMENDED, APRIL 28, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, providing for prohibiting the operation of motor |
3 | vehicles while using electronic wireless communications |
4 | devices. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 75 of the Pennsylvania Consolidated |
8 | Statutes is amended by adding a section to read: |
9 | § 3316. Prohibiting use of electronic wireless communications |
10 | devices. |
11 | (a) Prohibition.--Except as otherwise provided in this |
12 | section, no person shall operate a motor vehicle upon a public |
13 | highway and use an electronic wireless communications device to |
14 | send, read or write a text message while the vehicle is in |
15 | motion. A person does not send, read or write a text message |
16 | when the person reads, selects or enters a phone number or name |
17 | in an electronic wireless communications device for the purpose |
18 | of making a phone call. A conviction or detainment under this |
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1 | subsection by State or local law enforcement agencies shall |
2 | occur only as a secondary action when a driver of a motor |
3 | vehicle has been detained or convicted of any other provision of |
4 | this title. |
5 | (b) Applicability.--This section shall not apply to a person |
6 | operating: |
7 | (1) an emergency vehicle; or |
8 | (2) while in the performance of their official duties: a |
9 | police officer or, peace officer or coroner; or a member of a | <-- |
10 | fire department, district or company. |
11 | (c) Penalty.--Any person who violates this section shall be |
12 | guilty of a summary offense with a maximum fine of $100. A |
13 | violation of subsection (a) shall not result in the accumulation |
14 | of points under this title. |
15 | (d) Local ordinances.--This section supersedes and preempts | <-- |
16 | all ordinances of any municipality with regard to the use of an |
17 | electronic wireless communications device by the driver of a |
18 | motor vehicle. |
19 | (d) (e) Definitions.--As used in this section, the following | <-- |
20 | words and phrases shall have the meanings given to them in this |
21 | subsection: |
22 | "Electronic wireless communications device." An A handheld | <-- |
23 | electronic device that permits the user to send or receive |
24 | electronic communications but excludes a voice-activated global |
25 | positioning or navigation system affixed to the vehicle. |
26 | "Text message." A message consisting of words typed or |
27 | entered on a keypad of the electronic wireless communication |
28 | device and sent electronically. |
29 | Section 2. This act shall take effect in 60 days. |
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