Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 3316 - [Effective 6/5/2025] Prohibiting text-based communications(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.Amended by P.L. (number not assigned at time of publication) 2024 No. 18,§ 4, eff. 6/5/2025.2011, Nov. 9, P.L. 406, No. 98, §2, effective in 120 days [ 3/8/2012].This section is set out more than once due to postponed, multiple, or conflicting amendments.