Texting While Driving Breaks The Law
On November 9, 2011, Governor Tom Corbett signed SB 314, PN 1724 into law as Act 98 (2011). The law will take effect on March 8, 2012.
Under the new law, a driver is prohibited from "operating a motor vehicle on a highway or trafficway in this Commonwealth while using an interactive wireless communications device to send, read or write a text-based communication while the vehicle is in motion."
Act 98 states that, "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 wireless communications device for the purpose of activating or deactivating a voice communication or a telephone call."
Interactive wireless communications device is further defined as: "wireless telephone, personal digital assistant, smart phone, portable or mobile computer or similar device which can be used for voice communication, texting, e-mailing, browsing the Internet or instant messaging."
The term "Interactive Wireless Communications Device" does not include any of the following:
- a device being used exclusively as a global positioning or navigation system;
- a system or device that is physically or electronically integrated into the vehicle; or
- a communications device that is affixed to a mass transit vehicle, bus or school bus.
The new law preempts municipal ordinances about the use of an interactive wireless communications device by a driver, and contains a $50 fine per occurrence, which constitutes a summary offense under the Crimes Code.
Bottom Line: This law will mean that texting while driving will constitute "Negligence Per Se" or violation of a law. Employers should review and, if necessary, change any Employee Policies about driving to prohibit texting will driving. Although not statutorily required, we also recommend that, as a "Best Practice", use of all handheld cell phones while driving for business be prohibited as well. Otherwise, an employer is exposed to significant liability issues for both Workers' Compensation and civil liability.
Skarlatos & Zonarich LLP is a full-service law firm with highly skilled professionals dedicated to providing clients with sound advice and aggressive advocacy. For more information, visit skarlatoszonarich.com.
