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The proposed legislation which is to be codified at 75 Pa.C.S. § 3316 is entitled Prohibiting the use of mobile telephones and hand-held communication devices.
The proposed statute will read:
"No person shall operate a motor vehicle upon a highway while using a mobile telephone or hand-held communication device to engage in a call or wireless communication while the vehicle is in motion."
As defined the by the proposed law the words "engage in a call mean talking into a telephonic device or listening but shall not include activate, deactivate or the initiation of a function of the device. "Wireless communication" has been defined to include a text message, e-mail, push e-mail, Internet fax and Web browsing.
There shall be a built in presumption that an operator of a motor vehicle who uses a mobile telephone while the vehicle is in motion is presumed to be engaging in a call or wireless communication within the meaning of this section. The presumption established by this subsection is rebuttable by evidence tending to show that the operator was not engaged in a call or wireless communication.
This stature does not apply if you are calling in an emergency situation but you must be calling an emergency response operator; a hospital, physician's office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department. The proposed law also does not apply to a police officer or peace officer; a member of a fire department while in the performance of their official duties.
Currently the proposed penalty for a first offense is a summary offense punishable by a fine of not more than $100.
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