Pa. Senate OKs fine for drivers who text, chat
HARRISBURG — A bill that would impose a $100 fine on drivers in Pennsylvania for using wireless devices or talking on cell phones without a hands-free device passed the state Senate on Wednesday, as legislators try to wrap up a debate that dragged on for years in the Legislature.
The bill, which passed 41-8, goes to the House of Representatives, where a similar bill is being considered. House Majority Leader Mike Turzai, R-Allegheny, hopes to get a bill out of that chamber by the end of June, a spokesman said.
The sponsor of the Senate bill, Sen. Robert Tomlinson, R-Bucks, said it is important to deal with the “very deadly consequences of distracted driving” and called his bill a good compromise that he nonetheless expects to be debated further in the House.
Under the bill, police could pull over a driver for using a wireless device for texting, emailing, Internet browsing or instant messaging. Police could cite a driver for talking on a cell phone without a hands-free device only if they already had pulled over the driver for a separate offense.
Hands-free cell phone use would still be permitted, except by drivers on a learner’s permit or junior license.
A sticking point for some lawmakers remains whether it should be a primary offense so that a police officer can pull over the offender for that reason alone, or a secondary offense that can be ticketed only after the driver is pulled over for a separate primary offense.
Pennsylvania is in the minority of states that do not penalize drivers who talk on cell phones or send text messages. The travel organization AAA says more than 30 other states impose some sort of penalty.
Some municipalities in Pennsylvania — Bensalem, Bethlehem, Conshohocken, Erie, Harrisburg, Lebanon, Philadelphia, West Conshohocken and Wilkes-Barre — also have laws to punish drivers who use hand-held cellular phones, according to AAA. A ban in Allentown was overturned by a judge last month.
A House bill would effectively make both texting and cell phone use punishable by a fine, but talking on a cell phone without a hands-free device would be a primary offense. It would impose a fine of $75 and $100 in a school zone.