§ 3316. Prohibiting text-based communications.

341 words·~2 min read·/pa/title-75/chapter-33/3316

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

(a)Prohibition.-- No driver shall operate a motor vehicle on a highway or trafficway in this Commonwealth while using an interactive mobile device to send, read or write a text-based communication while the vehicle is in motion. A person does not send, read or write a text-based communication when the person reads, selects or enters a telephone number or name in an interactive mobile device for the purpose of activating or deactivating a voice communication or a telephone call.

(b)Emergency use exception.-- Texting while driving shall be permissible by a driver of a motor vehicle if necessary to communicate with a law enforcement official or other emergency services to prevent injury to persons or property.

(c)Seizure.-- The provisions of this section shall not be construed as authorizing the seizure or forfeiture of an interactive mobile device, unless otherwise provided by law.

(d)Penalty.-- A person who violates subsection

(a)commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $50.

(d.1) Prohibition on similar citations.-- A person may not be charged with a violation of section 3316.1 (relating to prohibiting use of interactive mobile device) concurrently with a violation of subsection

(a)for an offense committed at the same time and place.

(e)Preemption of local ordinances.-- In accordance with section 6101 (relating to applicability and uniformity of title), this section supersedes and preempts all ordinances of any municipality with regard to the use of an interactive mobile device by the driver of a motor vehicle.

(f)Definition.-- As used in this section, the term "text-based communication" means a text message, instant message, electronic mail or other written communication composed or received on an interactive mobile device.

75c3316v

(Nov. 9, 2011, P.L.406, No.98, eff. 120 days; June 5, 2024, P.L.366, No.18, eff. 12 months)

2024 Amendment. The preamble of Act 18 provided that Act 18 may be referred to as Paul Miller's Law.

Cross References. Section 3316 is referred to in sections 3316.1, 3732, 3732.1 of this title.

75c3316.1s