PRINTER'S NO. 1181
No. 1005 Session of 2003
INTRODUCED BY ROSS, BARRAR, CRUZ, CURRY, DALEY, GANNON, GEIST, HARPER, LEH, MAHER, MUNDY, STERN AND WATSON, APRIL 2, 2003
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 2, 2003
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for careless driving. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Section 3714 of Title 75 of the Pennsylvania 6 Consolidated Statutes is amended to read: 7 § 3714. Careless driving. 8 (a) General rule.--Any person who drives a vehicle in 9 careless disregard for the safety of persons or property is 10 guilty of careless driving, a summary offense. 11 (b) Additional penalty for distracted driver.--Any person 12 who violates subsection (a) and at the time of the violation is 13 distracted by the use of any electronic, electrical, mechanical, 14 personal grooming device, food, drink, book or printed material, 15 shall, in addition to any other penalty imposed, upon 16 conviction, be sentenced to pay a fine of $50. Distractions may 17 include, but are not limited to, radios, recording and playback 18 devices, telephonic devices and citizens band radios,
1 televisions, computers and other such devices. No person shall 2 be convicted under this subsection unless the person is also 3 convicted under subsection (a) for a violation which occurred at 4 the same time. No costs as described in 42 Pa.C.S. § 1725.1 5 (relating to costs) shall be imposed for a conviction under this 6 subsection. Conviction under this subsection shall not 7 constitute a moving violation. 8 (c) Civil actions.--In no event shall a violation or alleged 9 violation under subsection (b) be used as evidence in a trial of 10 any civil action, nor shall any jury in a civil action be 11 instructed that any conduct did constitute or could be 12 interpreted by them to constitute a violation under subsection 13 (b), nor shall a conviction under subsection (b) be considered 14 as contributory negligence, nor shall a violation under 15 subsection (b) be admissible as evidence in the trial of any 16 civil action, nor shall this section impose any legal obligation 17 upon or impute any civil liability whatsoever to an owner, 18 employer, manufacturer, dealer or person engaged in the business 19 of renting or leasing vehicles to the public to inform the 20 public about such distractions. 21 (d) Criminal proceedings.--Evidence of a violation under 22 subsection (b) is not admissible as evidence in a criminal 23 proceeding except in a proceeding for a violation of subsection 24 (b). No criminal proceeding for the crime of homicide by vehicle 25 shall be brought on the basis of a violation under subsection 26 (b). 27 (e) Insurance.--An insurer may not charge an insured who has 28 been convicted under subsection (b) a higher premium for a 29 policy of insurance in whole or in part by reason of that 30 conviction. 20030H1005B1181 - 2 -
1 Section 2. This act shall take effect in 60 days. A14L75MEP/20030H1005B1181 - 3 -