Texting While Driving Banned in PA

Legislation I supported has been signed in to law by the governor. The new law, which will take effect in March 2012, will make reading, typing, or sending a text message while driving in Pennsylvania a primary offense.

Recent tragic, local accidents have confirmed what we already know, that texting while driving can be deadly. This is common-sense legislation designed to make our roads safer for drivers and passengers alike. This law isn’t perfect; no law ever is. While there are legitimate concerns about enforcement and whether the law goes far enough, this is undoubtedly a good start and better than nothing, especially if it saves even one life.

More than 90 percent of Pennsylvanians agree that texting while driving should be illegal, and I'm glad to finally see our commonwealth join the 34 other states and the District of Columbia with texting bans on the books. Many constituents with specific questions about the law and how it will impact them, so here is a primer on the basics.

The texting ban takes effect on March 8, 2012, which is 120 days after Gov. Tom Corbett signed it into law. The bill prohibits "text-based communication on interactive communication devices, such as cellphones, for all drivers while driving a vehicle. A violation occurs if the driver sends, reads or writes a text-based communication while the vehicle is in motion."

To answer you next question, a “text-based communication” is defined to include a "text message, instant message, electronic mail, or other written communication composed or received on an interactive wireless device." This definition would also include browsing the World Wide Web on a smartphone, such as a Blackberry or iPhone.

The bill makes texting while driving a primary offense, which means you can be pulled over by the police for that violation alone. The penalty is $50, but officers may not take the phone or wireless device. You won’t get any points on your license, but your insurance may go up if you are cited, depending on your policy.

Many people have asked about the possibility of being cited for violating the new law if you’re texting while your car is running but you’re not moving (like at a red light). The law clearly says your car has to be in motion in order to get a ticket, so as long as you’re not moving, you cannot be stopped and cited.

You can also still talk on your cell phone while driving, even without a hands-free device. As far as a situation where you may be dialing on your phone and cited for typing in a phone number while driving, I honestly don’t know, but I would err on the side of caution.

This is one of those laws which some may scoff at for various reasons, but there is also a psychological component to making it illegal to send text messages while driving. There is a segment of the population who will be less inclined to text while driving simply because they know it is now “illegal”. This will also be put into the minds of young drivers at an early age, which can have a cumulative deterrent effect.

You may wonder if such a law is necessary or enforceable, but it is tough to deny we will all be safer on the roads if there is any reduction of instances of texting while driving.