Bill Text: PA HB2070 | 2009-2010 | Regular Session | Amended

---

Bill Title: Further providing for Commonwealth portion of fines, etc.; defining "interactive wireless communication device"; prohibiting use of interactive wireless communication device; and further providing for duty of driver in construction and maintenance areas or on highway safety corridors, for duty of driver in emergency response areas, for accident report forms, for department to compile, tabulate and analyze accident reports and for applicability and uniformity of title.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-07-03 - Laid on the table [HB2070 Detail]

Download: Pennsylvania-2009-HB2070-Amended.html

---

SENATE AMENDED
PRIOR PRINTER'S NOS. 2862, 2883, 3134, 3148 PRINTER'S NO. 3439
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2070 Session of2009
INTRODUCED BY MARKOSEK, GEIST, CALTAGIRONE, CARROLL, P. COSTA, DePASQUALE, D. EVANS, J. EVANS, GINGRICH, GROVE, HARHAI, HARPER, LENTZ, MARSICO, MILLER, PICKETT, PYLE, REICHLEY, SHAPIRO, SIPTROTH, SOLOBAY, SWANGER, WATSON, KORTZ, HELM, BENNINGHOFF, SAMUELSON, FAIRCHILD, DALLY, WATERS, M. SMITH, MUNDY, BRENNAN, HORNAMAN, FREEMAN, DEASY, BOBACK, KULA, BRIGGS, MARSHALL, BEAR, VULAKOVICH, SANTARSIERO, BRADFORD AND GALLOWAY, NOVEMBER 9, 2009
SENATOR RAFFERTY, TRANSPORTATION, IN SENATE, AS AMENDED, MARCH 23, 2010
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 75
(Vehicles) of the Pennsylvania Consolidated Statutes, further
providing for Commonwealth portion of fines, etc. and for <--
municipal corporation portion of fines, etc.; defining
"interactive wireless communication device"; prohibiting use
of interactive wireless communication device; and further
providing for duty of driver in construction and maintenance
areas or on highway safety corridors, for duty of driver in
emergency response areas, for accident report forms, for
department to compile, tabulate and analyze accident reports
and for applicability and uniformity of title.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3571(b) and 3573(b) of Title 42 of the <--
Pennsylvania Consolidated Statutes are amended to read:
Section 1. Section 3571(b) of Title 42 of the Pennsylvania <--
Consolidated Statutes is amended to read:
§ 3571. Commonwealth portion of fines, etc.
* * *
(b) Vehicle offenses.--
(1) All fines, forfeited recognizances and other
forfeitures imposed, lost or forfeited in connection with
matters arising under Chapter 77 of Title 75 (relating to
snowmobiles) shall unless otherwise provided in Chapter 77 of
Title 75 be payable to the Commonwealth.
(2) Except as provided in [paragraph (4)] paragraphs (4) <--
and (5), when prosecution under any other provision of Title
75 (relating to vehicles) is the result of State Police
action, all fines, forfeited recognizances and other
forfeitures imposed, lost or forfeited shall be payable to
the Commonwealth, for credit to the Motor License Fund. One-
half of the revenue shall be paid to municipalities in the
same ratio provided in section 4 of the [act of June 1, 1956
(P.L.1944, No.655), relating to partial allocation of liquid
fuels and fuel use tax proceeds] act of June 1, 1956 (1955
P.L.1944, No.655), referred to as the Liquid Fuels Tax
Municipal Allocation Law.
(3) Except as provided in paragraph (5) and section 3573 <--
(relating to municipal corporation portion of fines, etc.),
when prosecution under any other provision of Title 75 is the
result of local police action, one-half of all fines,
forfeited recognizances and other forfeitures imposed, lost
or forfeited shall be payable to the Commonwealth, for credit
to the Motor License Fund.
(4) When prosecution under 75 Pa.C.S. § 3802 (relating
to driving under influence of alcohol or controlled
substance) is the result of State Police action, 50% of all
fines, forfeited recognizances and other forfeitures imposed,
20090HB2070PN3439 - 2 -
lost or forfeited shall be payable to the Commonwealth, for
credit to the Motor License Fund, and 50% shall be payable to
the county which shall be further divided as follows:
(i) Fifty percent of the moneys received shall be
allocated to the appropriate county authority which
implements the county drug and alcohol program to be used
solely for the purposes of aiding programs promoting drug
abuse and alcoholism prevention, education, treatment and
research.
(ii) Fifty percent of the moneys received shall be
used for expenditures incurred for county jails, prisons,
workhouses and detention centers.
(5) When prosecution under 75 Pa.C.S. § 3316 (relating <--
to prohibiting use of interactive wireless communication
device) is the result of Pennsylvania State Police action,
25% of all revenue from fines shall be paid to municipalities
in the same ratio provided in section 4 of the Liquid Fuels
Tax Municipal Allocation Law, and 75% of the revenue from the
fines shall be allocated and are appropriated on a continuing
basis to the Department of Transportation for Statewide
public education and awareness programs to combat distracted
driving and driving under the influence and promote awareness
under 75 Pa.C.S. § 3316(f).
* * *
§ 3573. Municipal corporation portion of fines, etc.
* * *
(b) Vehicle offenses.--
(1) When prosecution under the provisions of Title 75
(relating to vehicles) for parking is the result of local
police action, all fines, forfeited recognizances and other
20090HB2070PN3439 - 3 -
forfeitures imposed, lost or forfeited shall be payable to
the municipal corporation under which the local police are
organized.
(2) Except as provided in [paragraph (3)] paragraphs (3)
and (4), when prosecution under any other provision of Title
75 (except Chapter 77 (relating to snowmobiles)) is the
result of local police action, one-half of all fines,
forfeited recognizances and other forfeitures imposed, lost
or forfeited shall be payable to the municipal corporation
under which the local police are organized.
(3) When prosecution under 75 Pa.C.S. § 3802 (relating
to driving under influence of alcohol or controlled
substance) is the result of local police action, 50% of all
fines, forfeited recognizances and other forfeitures imposed,
lost or forfeited shall be payable to the municipal
corporation under which the local police are organized, and
50% shall be payable to the county which shall be further
divided as follows:
(i) Fifty percent of the moneys received shall be
allocated to the appropriate county authority which
implements the county drug and alcohol program to be used
solely for the purposes of aiding programs promoting drug
abuse and alcoholism prevention, education, treatment and
research.
(ii) Fifty percent of the moneys received shall be
used for expenditures incurred for county jails, prisons,
workhouses and detention centers.
(4) When prosecution under 75 Pa.C.S. § 3316 (relating
to prohibiting use of interactive wireless communication
device) is the result of local police action, 25% of all
20090HB2070PN3439 - 4 -
revenue from fines shall be payable to the municipal
corporation under which the local police are organized, and
75% shall be payable and is appropriated on a continuing
basis to the Department of Transportation for Statewide
public education and awareness programs to combat driving
under the influence and distracted driving as established by
75 Pa.C.S. § 3316(f).
* * *
Section 2. Section 102 of Title 75 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 communication device." A wireless
telephone, personal digital assistant, smart phone, portable or
mobile computer, or similar device which can be used for voice
communication, texting, e-mailing, browsing the Internet or
instant messaging. The term does not include a device being any <--
of the following:
(1) A device being used exclusively as a global
positioning or navigation system or a system or device that
is physically or electronically integrated into the vehicle.
(2) A communication device that is affixed to a mass <--
transit vehicle, bus or school bus.
* * *
Section 3. Title 75 is amended by adding a section to read:
20090HB2070PN3439 - 5 -
§ 3316. Prohibiting use of interactive wireless communication
device.
(a) Driver restrictions.--
(1) No person shall drive a motor vehicle upon a roadway
or trafficway in this Commonwealth while using an interactive
wireless communication device for a purpose other than:
(i) voice communication through the use of an
interactive wireless communications device while in
hands-free mode;
(ii) reading, selecting or entering a telephone
number or name into an interactive wireless communication
device for the purpose of voice communication; or
(iii) utilizing a global positioning or navigation
system.
(2) No person with a learner's permit or junior driver's
license shall drive a motor vehicle upon a roadway or
trafficway in this Commonwealth while using an interactive
wireless communication device.
(b) Exceptions.--This section shall not apply to:
(1) A driver using an interactive wireless communication
device to contact a 911 system or wireless E-911 service, as
defined in the act of July 9, 1990 (P.L.340, No.78), known as
the Public Safety Emergency Telephone Act.
(2) A driver using an interactive wireless communication
device when the vehicle is stopped due to a traffic
obstruction and the motor vehicle transmission is in neutral
or park.
(3) Operators of emergency vehicles who use an
interactive wireless communications device for voice
communication for the purpose of responding to an emergency
20090HB2070PN3439 - 6 -
while engaged in the performance of their official duties.
(4) Volunteer emergency responders who use an
interactive wireless communications device for voice
communication for the purpose of responding to an emergency
while engaged in the performance of their official duties.
(5) Amateur radio operators or citizens band radio <--
operators who use an interactive wireless communication
device for voice communication for the purpose of responding
to an emergency while engaged in the performance of their
official duties.
(c) Seizure.--The provisions of this section shall not be
construed as authorizing the seizure or forfeiture of an
interactive wireless communication device.
(d) Penalty.--
(1) A person who violates subsection (a) commits a
summary offense and shall, upon conviction, be sentenced to
pay a fine of $50.
(2) A person who violates subsection (a) while passing
through a school zone, as defined and provided under the
regulations of the department, commits a summary offense and
shall, upon conviction, be sentenced to pay a fine of $100.
An official traffic-control device shall indicate the
beginning and end of each school zone to traffic approaching
in each direction. Establishment of a school zone, including
its location and hours of operation, shall be approved by the
department.
(e) Public education and awareness program.--The department
shall develop and maintain Statewide public education and
awareness programs to combat distracted driving and driving
under the influence and promote awareness of the provisions of
20090HB2070PN3439 - 7 -
this section subject to available funding.
(f) Guidelines.--The department shall, in consultation with
the Department of Education and the Pennsylvania State Police,
promulgate guidelines for the implementation of subsection (e)
within six months of the effective date of this section.
(g) Insurance.--An insurer may not charge an insured who has
been convicted under this section a higher premium for a policy
of insurance in whole or in part by reason of that conviction.
(h) Department to compile report.--The department shall
annually compile and make available to the Transportation
Committee of the Senate and the Transportation Committee of the
House of Representatives a report detailing the public education
efforts to combat distracted driving and driving under the
influence and promote awareness of the provisions of this
section.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Hands-free mode." The use of an interactive wireless
communications device that allows the user to engage in
communication without the use of either hand by means of an
internal feature or function or an attachment or device.
"Volunteer emergency responder." Any of the following:
(1) A member of a volunteer ambulance service as defined
in section 102 of the act of July 31, 2003 (P.L.73, No.17),
known as the Volunteer Fire Company and Volunteer Ambulance
Service Grant Act.
(2) A member of a volunteer fire company as defined in
section 102 of the Volunteer Fire Company and Volunteer
Ambulance Service Grant Act.
20090HB2070PN3439 - 8 -
(3) A member of a volunteer rescue company as defined in
section 102 of the Volunteer Fire Company and Volunteer
Ambulance Service Grant Act.
Section 4. Sections 3326(c), 3327(e) and 3752(a) of Title 75
are amended to read:
§ 3326. Duty of driver in construction and maintenance areas or
on highway safety corridors.
* * *
(c) Fines to be doubled.--For any of the following
violations, when committed in an active work zone manned by
workers acting in their official capacity or on a highway safety
corridor designated under section 6105.1 (relating to
designation of highway safety corridors), the fine shall be
double the usual amount:
Section 3102 (relating to obedience to authorized persons
directing traffic).
Section 3111 (relating to obedience to traffic-control
devices).
Section 3112 (relating to traffic-control signals).
Section 3114 (relating to flashing signals).
Section 3302 (relating to meeting vehicle proceeding in
opposite direction).
Section 3303 (relating to overtaking vehicle on the
left).
Section 3304 (relating to overtaking vehicle on the
right).
Section 3305 (relating to limitations on overtaking on
the left).
Section 3306 (relating to limitations on driving on left
side of roadway).
20090HB2070PN3439 - 9 -
Section 3307 (relating to no-passing zones).
Section 3309 (relating to driving on roadways laned for
traffic).
Section 3310 (relating to following too closely).
Section 3316(a) (relating to prohibiting use of
interactive wireless communication device).
Section 3323 (relating to stop signs and yield signs).
Section 3326 (relating to duty of driver in construction
and maintenance areas or on highway safety corridors).
Section 3361 (relating to driving vehicle at safe speed).
Section 3362 (relating to maximum speed limits).
Section 3702 (relating to limitations on backing).
Section 3714 (relating to careless driving).
Section 3736 (relating to reckless driving).
Section 3802 (relating to driving under influence of
alcohol or controlled substance).
* * *
§ 3327. Duty of driver in emergency response areas.
* * *
(e) Fines to be doubled.--In addition to any penalty as
provided in subsection (b), the fine for any of the following
violations when committed in an emergency response area manned
by emergency service responders shall be double the usual
amount:
Section 3102 (relating to obedience to authorized persons
directing traffic).
Section 3111 (relating to obedience to traffic-control
devices).
Section 3114 (relating to flashing signals).
Section 3302 (relating to meeting vehicle proceeding in
20090HB2070PN3439 - 10 -
opposite direction).
Section 3303 (relating to overtaking vehicle on the
left).
Section 3304 (relating to overtaking vehicle on the
right).
Section 3305 (relating to limitations on overtaking on
the left).
Section 3306 (relating to limitations on driving on left
side of roadway).
Section 3307 (relating to no-passing zones).
Section 3310 (relating to following too closely).
Section 3312 (relating to limited access highway
entrances and exits).
Section 3316(a) (relating to prohibiting use of
interactive wireless communication device).
Section 3323 (relating to stop signs and yield signs).
Section 3325 (relating to duty of driver on approach of
emergency vehicle).
Section 3361 (relating to driving vehicle at safe speed).
Section 3707 (relating to driving or stopping close to
fire apparatus).
Section 3710 (relating to stopping at intersection or
crossing to prevent obstruction).
Section 3714 (relating to careless driving).
Section 3736 (relating to reckless driving).
Section 3802 (relating to driving under influence of
alcohol or controlled substance).
* * *
§ 3752. Accident report forms.
(a) Form and content.--The department shall prepare and upon
20090HB2070PN3439 - 11 -
request supply to all law enforcement agencies and other
appropriate agencies or individuals, forms for written accident
reports as required in this subchapter suitable with respect to
the persons required to make the reports and the purposes to be
served. The written report forms shall call for sufficiently
detailed information to disclose with reference to a vehicle
accident the cause, conditions then existing and the persons and
vehicles involved, including whether the driver of the vehicle
was using an interactive wireless communication device when the
accident occurred, and such other information as the department
may require. Reports for use by the drivers and owners shall
also provide for information relating to financial
responsibility.
* * *
Section 5. Section 3753 of Title 75 is amended by adding a
subsection to read:
§ 3753. Department to compile, tabulate and analyze accident
reports.
* * *
(b.1) Report on interactive wireless communication
devices.--The department shall annually compile and make
available to the public information submitted on an accident
report concerning the use of interactive wireless communication
devices in motor vehicles involved in traffic accidents. The
report shall note whether the driver of the motor vehicle was
using an interactive wireless communication device when the
accident occurred. This data shall also be included in an annual
report submitted by the department to the Transportation
Committee of the Senate and the Transportation Committee of the
House of Representatives.
20090HB2070PN3439 - 12 -
* * *
Section 6. Section 6101 of Title 75 is amended to read:
§ 6101. Applicability and uniformity of title.
The provisions of this title shall be applicable and uniform
throughout this Commonwealth and in all political subdivisions
in this Commonwealth, and no local authority shall enact or
enforce any ordinance on a matter covered by the provisions of
this title unless expressly authorized. A person charged with
violating an ordinance determined to be enacted or enforced in
violation of this section shall be awarded court costs and
attorneys fees incurred as a result of defending against the
charge.
Section 7. This act shall take effect in 60 days.
20090HB2070PN3439 - 13 -