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House bill would ban texting while driving
Published: November 10, 2009
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share thisHARRISBURG - Drivers will face fines if they are caught texting while driving under legislation introduced Monday that attempts to make highways safer.
The House measure to deter distracted driving takes special aim at younger drivers age 16 to 18 who have learner's permits or junior licenses. Not only would they be subject to the texting ban, they would be barred from using cell phones or other wireless devices such as mobile computers or personal digital assistants while driving as well. Drivers older than 18 wouldn't be subject to this wireless ban.
This legislation is being given priority in the House and enjoys bipartisan support from caucus leaders and the Pennsylvania AAA Federation. House Majority Leader Todd Eachus, D-116, Hazleton, is a co-sponsor.
Lawmakers relayed accounts of constituents killed or seriously injured in traffic accidents caused by drivers distracted because they were busy texting electronic messages and not paying attention to highway conditions.
"We are all one text away from eternity," said House Transportation Committee Chairman Joseph Markosek, D-25, Monroeville, at a Capitol press conference.
He said lawmakers are addressing the issue in response to demands from constituents who want state law to keep current with changes in communications technology. The transportation committee could vote on the bill as early as today. Two panel members from Northeast Pennsylvania, Reps. Mike Carroll, D-118, Hughestown, and John Siptroth, D-189, Smithfield Twp., said they will vote for the bill.
The bill would make texting while driving and the cell phone use ban for younger drivers a primary offense, meaning a police officer could stop a vehicle if the motorist is observed using these devices while driving.
Violators would face a $50 fine that would double to $100 if the offense occurs in a school zone or active highway work zone, but there would be no points assessed to a driver's license. Insurance companies could not increase premiums for motorists convicted of this offense.
The bill makes exceptions for drivers who text to contact 911 emergency services. A driver could legally text if their vehicle is stopped due to a traffic obstruction and the transmission is in neutral or park. Markosek gave the ice storm closings of Interstates 78 and 80 in early 2007 as an example of where an exception would apply.
If this legislation is enacted, it would preempt any local ordinances addressing texting bans. Philadelphia has already enacted a ban on texting while driving and several other cities are considering action.
Bill sponsors said it will be easier for drivers to obey one state law rather than dozens of local ordinances.
Under the bill, PennDOT will require that vehicle accident report forms include information on whether a driver was using a wireless communications device. Eighteen states have already enacted texting while driving bans and Congress is considering legislation that would withhold a portion of federal transportation dollars from states that don't have bans.
Contact the writer: rswift@timesshamrock.com
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