PRINTER'S NO. 2847
No. 2184 Session of 2000
INTRODUCED BY M. COHEN, COSTA, CALTAGIRONE, STABACK,
E. Z. TAYLOR, SOLOBAY, YOUNGBLOOD, ROBINSON, DeLUCA,
STEELMAN, THOMAS, MYERS AND DALEY, JANUARY 18, 2000
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 18, 2000
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, defining "mobile phone"; and providing limitations
3 on the use of mobile phones when operating motor vehicles.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 102 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding a definition to read:
8 § 102. Definitions.
9 Subject to additional definitions contained in subsequent
10 provisions of this title which are applicable to specific
11 provisions of this title, the following words and phrases when
12 used in this title shall have, unless the context clearly
13 indicates otherwise, the meanings given to them in this section:
14 * * *
15 "Mobile phone." Any telecommunication device that receives
16 either an analog or digital signal and is designed for handheld
17 or hands-free use.
18 * * *
1 Section 2. Section 3314 of Title 75 is amended to read:
2 § 3314. Prohibiting use of hearing impairment devices.
3 (a) General rule.--No driver shall operate a vehicle while
4 wearing or using one or more headphones or earphones.
5 (b) Exception.--[This] Subject to the limitations in section
6 3315 (relating to limiting use of mobile phone in motor
7 vehicle), this section does not prohibit the use of hearing aids
8 or other devices for improving the hearing of the driver, nor
9 does it prohibit the use of a headset in conjunction with a
10 cellular telephone that only provides sound through one ear and
11 allows surrounding sounds to be heard with the other ear, nor
12 does it prohibit the use of communication equipment by the
13 driver of an emergency vehicle or by motorcycle operators
14 complying with section 3525 (relating to protective equipment
15 for motorcycle riders).
16 Section 3. Title 75 is amended by adding a section to read:
17 § 3315. Limiting use of mobile phone in motor vehicle.
18 (a) General rule.--The driver of a motor vehicle shall
19 ensure that the use of a mobile phone does not impair the safe
20 operation of the motor vehicle. Any person whose use of a mobile
21 phone impairs the safe operation of the motor vehicle may be
22 cited for careless driving under section 3714 (relating to
23 careless driving). Mobile phone use, where permitted, shall also
24 comply with the provisions of section 3314 (relating to
25 prohibiting use of hearing impairment devices).
26 (b) Use limitations.--The department or municipalities may
27 ban the use of mobile phones by drivers of motor vehicles on
28 designated highways. The criteria for designating highways for a
29 mobile telephone ban shall include heavily traveled highways,
30 highways with high accident rates or other potentially hazardous
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1 highways.
2 (1) The department may designate highways for a mobile
3 phone use ban for interstate highways and State-designated
4 highways.
5 (2) Counties and municipalities may designate roadways
6 for a mobile phone use ban on the local roads under their
7 jurisdiction or petition the department to restrict mobile
8 phone use on a State-designated highway within their
9 municipal boundaries.
10 (c) Exception.--The provisions of subsection (b) shall not
11 apply to any passenger in a motor vehicle or a driver operating
12 an emergency vehicle or calling in an emergency to police, fire
13 companies, ambulance or medical personnel.
14 (d) Posting.--All designated highways or roadways in
15 subsection (b) shall be posted with signs designated by the
16 department and placed at intervals determined by the department.
17 (e) Class of offense.--Any person using a mobile phone on a
18 roadway or highway designated in subsection (b) commits a
19 summary offense.
20 (f) Accident reports.--It is the duty of the law enforcement
21 officer to record use of a mobile phone during a crash as part
22 of the normal crash investigation and note the use of a mobile
23 phone which may have contributed to the issuance of a warning or
24 a citation for a moving violation.
25 (g) Education materials.--The department shall produce and
26 distribute public education materials that describe the dangers
27 of mobile phone use while driving a motor vehicle, discuss
28 research concerning motor vehicle crashes while using a mobile
29 phone, and state the law concerning mobile phone use by drivers.
30 The educational materials shall be made available at department
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1 facilities and may be made available at mobile phone retailers
2 and car rental agencies.
3 Section 4. This act shall take effect in 60 days.
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