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State Sen. Rosemary Brown said there is no doubt we have a problem on our roadways in Pennsylvania, and the question is what are we going to do about it?
Brown, R-Monroe County, said that is why she has worked on Senate Bill 37 — known as Paul Miller Jr.’s Law — for more than eight years and why she feels so strongly about the need.
“SB-37 is a well overdue legislative initiative that strives to build driver accountability and change driver behavior when it comes to utilizing a cell phone while operating a motor vehicle, to create a safer environment on our Pennsylvania roadways,” Brown said.
SB-37 passed the Senate in June and is now in the House.
Brown offers a compelling argument, citing the following:
• The Pennsylvania Department of Transportation this past April during Distracted Driving Awareness Month put out a press release stating that distracted driving and head on crashes reached a 10-year high in 2023.
• The AAA Traffic Safety Culture Index found that most drivers — almost 88% — believe that distracted driving has outpaced all other traffic-related issues as a growing safety concern and virtually all drivers — almost 97% — view texting or emailing while driving a serious threat.
• Distracted driving was responsible for an estimated 8% of fatal crashes, 14% of injury crashes and 13% of all police-reported motor vehicle traffic crashes in 2020 (National Highway Transportation Safety Association) and Brown notes that these are only the ones that are reported.
“SB-37 is reasonable, responsible, and enforceable and it is what we can do now, to deal with the distraction caused by cell phone use,” Brown said. “The cell phone has now become the most common distraction, that is addictive, repetitive and will hold the attention of a driver for an extended period, increasing the risks of a crash.”
As a reminder, Brown said drivers can utilize their cell phone. However according to this legislation, they must do so by blue tooth or speaker technology and ensure the phone is not in their hands or supported by any part of their body.
“This is a real-world issue — it’s daily, it’s extremely concerning, and we must work towards creating the safest roadways possible, especially for the innocent and those who are doing everything right,” Brown said.
More facts:
• Twenty-three states have some form of a cell phone ban.
• The nearby states of Ohio, New York, New Jersey, Connecticut, Maryland, Delaware, Vermont, New Hampshire, and West Virginia all ban handheld cell phone use.
On SB-37, Brown said the legislation highlights the dangers cell phones have created for drivers and the potential lives that could be saved with awareness and prevention.
“It is needed as we are extremely behind in Pennsylvania to create more responsible behaviors while utilizing a mobile wireless devices behind the wheel of a vehicle,” Brown said.
To help educate drivers of the change in the law, Brown said the legislation includes a provision directing law enforcement to issue warnings for violations for the first 12 months following the signing of the bill.
“I have been working on this distracted driving legislation for more than 10 years, along with the help of many advocates and families of victims of distracted driving, including Paul and Eileen Miller who lost their son to a distracted driver and they have been with me every step of the way,” Brown said. “This legislation is reasonable, fair and enforceable and will work to change behaviors to save lives.”
“It has been very frustrating, but this is the closest we’ve been to getting to the governor’s desk,” Brown said. “At the end of the day, this is really good bill.”
Brown, 53, served 12 years in the House. She was elected to the Senate in 2022.
Area legislators comment
• Rep. Eddie Day Pashinski, D-Wilkes-Barre
“I’m sure every driver has witnessed countless drivers using their phone while driving. And I’m sure most of us have experienced a good number of near-misses because of drivers being distracted while using their phone.
“I’m also quite sure no one ever imagined 20 years ago we would need a law to be passed regarding phones to make drivers more responsible while driving. But time marches on and we all must adapt and provide appropriate measures to reduce unnecessary injuries and lives lost.
“That is why I support this bill because it is needed to save lives, prevent injuries and prevent enormous expenses due to preventable traffic accidents.
“Statistics state that nine families lose a loved one due to distracted driving each and every day — more than 3,200 lives lost every year.
“That is mind-boggling and totally preventable and hopefully SB-37 will dramatically reduce that number once instituted.”
• Sen. Lisa Baker, R-Lehman Township
“I voted in favor of SB-37 in June. From the time of our first driving lesson, the fundamental instruction is to pay attention to the road. It is for your safety, as well as the safety of passengers, other drivers, and pedestrians.
“Anyone who is distracted is at risk of losing control over their vehicle and is unable to properly respond to the sudden unanticipated situation — whether a person, animal, errant driver, or debris and other hazards in the roadway.
“After talking to the parents who lost a son to a distracted driver, I was deeply impressed by how painful and senseless such a loss is.
“The problem is easily preventable. If something absolutely requires attention, pull over and make a complete stop first. That is why I voted to support this legislation.”
• Rep. Alec Ryncavage, R-Plymouth
“SB-37 is a crucial step in addressing distracted driving caused by cell phones. As legislators, we recognize that we cannot mandate responsibility every time a driver takes the wheel.
“However, Sen. Brown’s bill proposes a five-year optional sentence enhancement for those found guilty of homicide by vehicle and a violation of the hand-held device prohibition during the same incident, mirroring the current texting ban.
“This sends a clear message that such reckless behavior leading to tragic consequences will be met with serious consequences.
“The alignment of SB-37 with neighboring states’ legislation promotes consistency and safety for drivers traveling across borders, ensuring a unified effort in combating distracted driving.
Reach Bill O’Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.