More On Texting While Driving

Posted on June 17, 2011 by Stuart A. Carpey

Photo By SuperStock

I know that there's a lot being written on this subject. I write as much as I can on the texting issue because it's important to me. Here's recent information. In the Lehigh County case of Commonwealth v. Steiner,(Lehigh Co. May 4, 2011), Judge James T. Anthony ruled that an Allentown City ordinance prohibiting the use of a cell phone while operating a motor vehicle was invalid because the Pennsylvania Legislature intended that motor vehicle regulations be uniform throughout the state and this ordinance would subject motorists to unreasonable inconsistencies contrary to the purpose of the Vehicle Code. Defendant's motion to dismiss granted.

In this criminal matter, the defendant was charged with violating the ordinance for using a mobile phone while operating his vehicle. He was found guilty and appealed. Following the summary. He then of course through counsel,  filed a motion to dismiss arguing that the ordinance was preempted by the Pennsylvania Vehicle Code.

After reviewing the law of preemption, Judge Anthony ruled that the Pennsylvania Legislature intended that motor vehicle regulation  to be uniform throughout the state. For the ordinance at issue to be valid, there must be specific authorization in the Vehicle Code permitting the City of Allentown to enact such an ordinance.

It sounds like the lawyer in this case for the defendant did a good job in arguing his position.  Unfortunately, the Pennsylvania Legislature is going to have to past uniform regulation prohibiting texting and driving. Otherwise there will be no real teeth to these ordinances throughout the state.
 

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Anti-Texting While Driving Bill Makes Its Way Through Pennsylvania Senate

Posted on June 11, 2011 by Stuart A. Carpey

Photo from Flickr: Texting-While-Driving

On June 8 2011, legislation banning handheld cell phone use while driving passed the state Senate. The bill, S.B. 314, allows police to pull over young drivers for violating the law, and police can cite older drivers only if they are pulled over for another driving infraction. This "secondary offense" rule is not as strong as it should be, but the bill moves on to the Pennsylvania House, where hopefully that provision will be removed.

 It is now an established fact that  distracted driving is a major cause of accidents, especially among young people. Driving and texting just don't mix, but many drivers are simply too stubborn to realize it. It only takes a second to become distracted on the road even without using a cell phone. Studies have shown, for instance, that  for a driver who uses texting, his or her collision risk is 23 times greater than when not texting.

Pennsylvania has held out long enough in making use of a a cell phone while driving illegal. According to the website of the Governors Highway Safety Association, neighboring Pennsylvania states already have strict cell phone bans on the books.

  • New Jersey has a complete ban on using a handheld cell phone to talk and text while driving;
  • New York state has a ban on handheld cell phone use while driving, which is also a primary offense, and texting while driving it’s a secondary offense
  • Delaware has complete bans on talking and texting while driving, both being primary offenses.

This is the best chance of getting an anti texting bill signed by a Pennsylvania governor. Hopefully for all Pennsylvania drivers, the House will move an even stronger bill forward and will get it in the Governor's hand soon.

 

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