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November 11, 2009

House bill would ban cell use while driving

Proposal also to prohibit use of personal digital assistant, mobile computer or texting.

HARRISBURG – The House Transportation Committee on Tuesday unanimously approved a bill that would ban drivers from text messaging.

House Bill 2070 would make it illegal for a driver to use a cell phone, personal digital assistant, smart phone, mobile computer or any similar device for texting, e-mailing, browsing the Internet or instant messaging while driving. Drivers would be permitted to enter a phone number to place a voice call and to use a GPS navigation system while driving.

The bill would exempt motorists who are contacting 911 or have stopped because of traffic being obstructed and the driver has the vehicle in neutral or park.

The bill also would prohibit drivers with a learner’s permit or junior driver’s license from using a cell phone or any of the other devices for any reason – including making a voice call.

Violations would be punishable with a $50 fine. Fines would be doubled to $100 if the offense happened in a school zone, active work zone, highway safety corridor or emergency response area.

“The goal for me is to enhance safety on the roadways. Cell phone use and texting while driving certainly is a safety hazard,” said state Rep. Michael Carroll, D-Avoca, a co-sponsor of the bill.

Carroll said the bill would make texting while driving a primary offense. Previous versions of similar proposed legislation made it a secondary offense, meaning that police would be able to stop and cite a driver only if the driver had also committed a primary offense such as speeding or running a red light.

The bill also would prohibit insurance companies from charging drivers convicted of the offense higher premiums.

Within six months of enactment, the state Department of Transportation, in consultation with Department of Education and state police, would have to implement a public education and awareness program to curtail distracted driving and promote driver awareness of the legislation.

The bill has bipartisan support, Carroll said. The primary sponsors were Transportation Committee Majority Chairman Joseph Markosek, D-Allegheny County, and Minority Chairman Richard Geist, R-Blair County.

Markosek on Monday said there’s plenty of evidence that shows distracted driving is dangerous and often deadly. A Virginia Tech study determined that truck drivers face a 23 times greater risk of a crash or near crash when texting, and a University of Utah study of a driving simulator found that college students faced an eight times greater crash risk when texting.

The bill on Tuesday was sent to the House Appropriations Committee “to make sure it would have no financial impact on the commonwealth,” and it would not, Carroll said. He expects a vote by the full House in the near future.

Carroll said he would like to see the bill expanded to ban hand-held cell phone use for voice conversations as well, while exempting the use of hands-free devices.

“My suspicion is we’ll have a debate as this bill moves forward. A ban on hand-held cell phone use while driving is something I support,” Carroll said.








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