On June 5, 2024, Pennsylvania Governor Josh Shapiro signed Senate Bill 37 (“SB 37”), making it Act 18 of 2024 (the “Act”). The Act will enhance responsibility for drivers who utilize a mobile device while operating a motor vehicle in Pennsylvania.
KingSpry’s Litigation Practice Chair, Alan S. Battisti, Esq., discusses the Act and emphasizes what drivers need to know to avoid litigation and increased insurance rates due to distracted driving in Pennsylvania.
Legislative History
In consideration of the severe and increasing effects of distracted driving in Pennsylvania, Senator Rosemary M. Brown proposed SB 37 to protect innocent drivers and penalize those who choose to drive distracted. SB 37 received bipartisan support in both the state House of Representatives and Senate.
Last year, we reviewed SB 37 and the impact it would have on drivers in the Commonwealth – Pennsylvania Legislature to Curb Distracted Driving. Since its proposal, amendments have been made to the Act.
What is Distracted Driving?
Distracted driving is any activity that could divert a person’s attention away from the primary task of driving. The most frequent cause of distracted driving is cell phone use.
The consequences of distracted driving can be and are fatal. In Pennsylvania, nine (9) families lose a loved one due to distracted driving each day. All it takes is a quick glance at a text message or initiation of a phone call to trigger the consequences of distracted driving.
Prohibitions
The Act prohibits the use of an interactive mobile device and the sending, reading, or writing of text-based communication, i.e., text messages, while operating a vehicle in Pennsylvania. Use is permitted only in emergency situations where it is necessary to contact law enforcement or emergency services.
These provisions take effect in twelve (12) months.
What is an Interactive Mobile Device?
Under the Act, an interactive mobile device is a handheld wireless telephone, personal digital assistant, 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 photos;
- Recording videos;
- Creating or sharing social media; and/or
- Otherwise sending or receiving electronic data.
Devices Not Covered by the Act
The Act specifically excludes the following devices from its definition of an interactive mobile device:
- A device being used exclusively as a global positioning or navigation system;
- A device being used in a hands-free manner;
- A device that is affixed to a mass transit vehicle, bus, or school bus;
- A mobile handheld radio being used by a person with a radio station license issued by the Federal Communications Commission;
- A device being used exclusively for emergency notification purposes;
- A device being used exclusively by an emergency responder; and
- A device being used exclusively by a commercial driver, as permitted under 49 U.S.C. § 31136.
Learners’ Permits & Drivers’ Licenses
The Act amends the requirements for obtaining a learner’s permit. Now, applicants must view educational materials provided on the Department of Transportation’s website regarding the dangers of distracted driving.
Additionally, the Act amends the examination for obtaining a driver’s license. Now, the examination will contain at least one (1) question regarding distracted driving.
What are the Consequences of Distracted Driving?
Penalties. Under the Act, persons convicted of using an interactive mobile device or texting while driving commit a summary offense and will be fined $50. However, for the first twelve (12) months after the effective date, drivers in violation of the Act will be issued only a written warning.
Litigation. Typically, when a driver is sued for damages caused by a car accident, the lawsuit is brought under the legal principle of negligence. Negligence is the failure to use reasonable care to prevent harm to yourself or someone else. If you cause an accident, and the harmed driver can prove you were using an interactive mobile device, negligence is generally established. Further, if you receive a conviction for violating the Act, you may be presumednegligent.
Additionally, if a driver causes injury or death to another person due to distracted driver, e.g., texting while driving, the driver may face charges related to homicide by vehicle and/or aggravated assault by vehicle.
Insurance. Like most traffic offenses, if you get a ticket for distracted driving, it can affect your insurance rate. In Pennsylvania, citations for distracted driving do not add points to your license, and therefore do not increase your rates. However, if you commit a “moving violation”, i.e., cause an accident while texting, you can expect your insurance rate to increase.
Tips for Compliance with Enhanced Driver Responsibility
Do not Disturb: Most people have a cellular device that allows them to turn on do not disturb. This feature decreases a driver’s urge to look at their phone while driving and allows drivers to focus on the task at hand, which is operating their vehicle safely.
If it’s urgent, pull over: It is recommended that drivers who need to use their wireless device park their vehicle on the shoulder of the road or in a safe location where the vehicle remains stationary.
Use a self-phone mount: Purchasing a self-phone mount will allow drivers to utilize GPS services or take phone calls without holding or supporting their device in their hand.
Put your phone away: If your car doesn’t have the latest Bluetooth or CarPlay features that read texts to you while driving, tuck your phone away in the glove box or in a purse. The cost of distracted driving is not worth glancing at a text.
Communicate: If you are expecting a text or a call from someone, and are unable to engage in a hands-free manner, let the individual know you are driving and plan to have that conversation at a different time.
Takeaways for Drivers in Pennsylvania
The AAA Traffic Safety Culture Index found that 87.5% of drivers believe that distracted driving has outpaced all other traffic-related issues. The General Assembly has recognized Pennsylvanians’ concerns by approving the Act.
To avoid costly litigation, insurance rates, and penalties, drivers should obey the laws of the roadway and consider the consequences of distracted driving before picking up their mobile device behind the wheel.
If you have questions regarding litigation and insurance as a result of traffic violations or car accidents, KingSpry’s Litigation Practice Group, is prepared to assist you.
This article is a publication of KingSpry’s Litigation Practice Group. It is meant to be informational and does not constitute legal advice. Should you have a question, please contact your attorney or one of the attorneys at KingSpry.
