§ 1622. Handheld mobile telephone.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Commercial motor vehicle.-- Except as provided under subsection (c), a driver may not use a handheld mobile telephone while driving a commercial motor vehicle or motor carrier vehicle.

(b)Employer.-- Except as provided under subsection (c), an employer may not permit or require a driver of the employer to use a handheld mobile telephone while driving a commercial motor vehicle or a motor carrier vehicle.

(c)Emergency use exception.-- Using a handheld mobile telephone shall be permissible by a driver of a commercial motor vehicle or motor carrier vehicle if necessary to communicate with a law enforcement official or other emergency service.

(d)Penalties.--

(1)A person who violates subsection

(a)commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.

(2)A person who violates subsection

(b)commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500.

(e)Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Driving." Operating a commercial motor vehicle or motor carrier vehicle on a highway, with the motor running, including while the commercial motor vehicle or motor carrier vehicle is temporarily stationary because of traffic, a traffic control device or other momentary delay. The term does not include operating a commercial motor vehicle or motor carrier vehicle with or without the motor running if the driver moved the vehicle to the side of or off of a highway and halted in a location where the vehicle can safely remain stationary.

"Mobile telephone." A mobile communication device which uses a commercial mobile radio service, as defined in 47 CFR § 20.3 (relating to definitions). The term does not include two-way or Citizens Band Radio services.

"Use a handheld mobile telephone." As follows:

(1)Using at least one hand to hold a mobile telephone to conduct a voice communication.

(2)Dialing or answering a mobile telephone by pressing more than a single button.

(3)Reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR § 393.93 (relating to seats, seat belt assemblies, and seat belt assembly anchorages) and adjusted in accordance with the vehicle manufacturer's instructions.

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(June 30, 2014, P.L.814, No.85, eff. 60 days)

2014 Amendment. Act 85 added section 1622.

Cross References. Section 1622 is referred to in section 1603 of this title.