Texting while driving has been illegal in Pennsylvania since 2012, but soon you won’t even be able to hold a phone while driving! On May 8th, 2024, the state legislature sent a bill to Governor Shapiro’s desk, and he’s going to sign it. This new cell phone ban won’t take effect for a year after it’s officially passed. If you “enjoy” reading the actual text like we do, check it out here! Keep reading this page to see our explanations in layman’s terms.
The New Cell Phone Ban
At first glance, the legislators kept this cell phone ban simple. The new law will say this:
- “No driver shall use an interactive mobile device while driving a motor vehicle.”
It’s a traffic ticket that will carry a $50 fine. But true to form, all the various definitions and exceptions make the law encompass a wider range of conduct than what you might think.
Why couldn’t they just call it a cell phone?
The text of the law makes it seem as if its authors haven’t ever heard of a cell phone before. Credit to them (I guess), they really went all out with this one with the minutiae. Some of the old-fashioned lawmakers apparently had Palm Pilots in mind (remember how cool they were like 25 years ago???).
The term “interactive mobile device” includes the following (their words, not mine…):
- Types of devices
- Handheld wireless telephone
- Personal digital assistant (i.e. Palm Pilot…)
- Smart phone
- Portable or mobile computer or similar device
- Which can be used for
- Voice communication
- Texting
- Emailing
- Browsing the Internet
- Instant messaging
- Playing games
- Taking or transmitting images
- Recording or broadcasting videos
- Creating or sharing social media
- Otherwise sending or receiving electronic data
So, in 99.9% of cases (approximately…), this means cell phones. For your ease of reading, we’ll just call them cell phones. I’ve never heard of anybody other than a police officer using a laptop while driving, and those are solidly mounted in place to the side. And, if you were planning on driving around while filming people with a camcorder, we’re sorry to kill those dreams.
Exceptions
Naturally, there are exceptions to the above devices, like:
- A device being used exclusively as a GPS or navigation system
- A device built into the vehicle, like an “Infotainment system”
- Devices used by emergency responders
- Devices used by licensed commercial drivers for their job, if the device is preapproved by the federal government
It Depends on What the Meaning of “Uses” is…
Under the new cell phone ban, you can use your cell phone without actually “using” it! Here’s what’s ILLEGAL:
- Simply holding a cell phone with at least one hand
- Supporting a cell phone with another part of the body (fun to imagine what this means)
- Dialing or answering by pressing more than a single button. Set up those voice controls!
- Simply reaching for a cell phone when it’s in a spot that makes you get out of your seat or take off your seatbelt
But, here’s an easy fix to most of those problems! It’s legal if the device is being used:
- “in a hands-free manner,” or
- “with a hands-free accessory or system,” or
- if necessary to talk to 911 or other emergency services to prevent injury to persons or damage to property
This basically means Bluetooth and voice controls, and leaving your phone in one spot. So, if you need to see your cell phone to look at a map, you’ll need to securely mount it so you don’t have to touch it. And, don’t hesitate to still call 911 on reckless drivers; that’s still a good idea!
What if you’re at a red light, or stuck in traffic?
Doesn’t matter, it still counts as “driving.” The very expansive definition of “driving” includes while being temporarily stopped because of traffic, or because of a “traffic control device” like a traffic light or stop sign, or because of “other momentary delay.” If you need to use your cell phone while driving, you have to pull over and park in a safe place.
Does the cell phone ban apply on all roads and parking lots?
No. The definition of “driving” under this law requires the car to be on a “highway,” which means a roadway maintained for public use. This can be anything from a 15 MPH neighborhood road (unless it’s private or gated) or a 70 MPH expressway.
Notably, the new cell phone ban does not apply on “trafficways,” unlike more serious traffic offenses like DUI and leaving the scene of an accident. A “trafficway” is a roadway that’s privately-maintained but generally open to the public, like a grocery store parking lot or a driveway to a business. So while it’s still not a great idea to use a cell phone while driving on a “trafficway,” and it would certainly be used against you in a civil suit if you hit another car or pedestrian, it’s not illegal under this new law.
Grace Period!
Old habits die hard. Therefore, the legislators built in a 12-month grace period to educate everybody about the change and let them make other arrangements. If you have an older car that doesn’t have Bluetooth, get a Bluetooth “dongle” you can plug into your audio system. So after Governor Shapiro signs this thing into law, and after it goes into effect, the cops can still pull you over if they see you holding a device while driving, but can only give you a warning for the first year.
How’s this cell phone ban different than the one already in place?
The law from 2012 seems pretty easy to get around. It specifically only prohibits “text-based communications.” So, unless the police somehow saw you typing text messages to somebody else, an easy defense could have been that you were using GPS, or looking at a picture, or making a phone call. They aren’t allowed to seize your cell phone to investigate as long as this is the only offense you’re suspected of committing. But if they have other probable cause, they might get a search warrant.
The new law doesn’t replace the old law, but it covers practically everything that the old law covers. Maybe using talk-to-text would be illegal under the old law but not the new. As a result, each law will have a provision that the police cannot charge somebody with both violations for a single incident.
Contact Us
Over the years, the attorneys at Fairlie & Lippy, P.C. have handled countless traffic-related matters. From both sides of the courtroom, in various roles, we’ve handled vehicle cases ranging from parking tickets and equipment violations all the way up through Homicide by Vehicle and even Third-Degree Murder. Call us first if you’re facing any kind of traffic ticket, and you’ll be confident in our ability to get you the best possible result.
Or contact me privately:
steve@fairlielaw.com
(215) 997–1000