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Each US state has its own laws governing the use of cell phones, tablets, and other handheld electronic devices while driving. So while distracted driving is dangerous, it’s not always illegal. The state of Pennsylvania has limited laws in place dictating what is and is not permitted on a cell phone when driving.

Below, we’ll discuss the legalities of both texting and talking while driving in Pennsylvania as well as the repercussions for breaking the law and potential updates to the current statutes.

Texting while driving in Pennsylvania

It is illegal to text and drive in the state of Pennsylvania. Pennsylvania Statute 3316 on “Prohibiting text-based communications” states:

“No driver shall operate 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. 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.”

So, to summarize, you cannot:

–          Compose, read, or send a message on a wireless device while driving

–          This applies to cell phones, tablets, and any other wireless devices

In addition, Pennsylvania’s texting ban does not include the use of a GPS device or a car’s navigation system.

At the moment, it is still legal to hold a phone and talk while behind the wheel of a car. But that may not be the case for long since a new law has been introduced that would ban all cell phone use while driving. It is up to each individual driver to know the most up-to-date laws of the road before driving on public roadways.

Talking while driving in Pennsylvania 

Pennsylvania currently has no laws that restrict drivers from making or receiving phone calls or speaking on the phone while driving. However, the state introduced House Bill 37 in early 2021 in order to make it illegal to hold a phone for any reason while driving. While that bill was passed by the House in 2021, it has not yet been passed by the Senate or made into law.

Even if Pennsylvania does pass Bill 37, using a wireless device while driving will be a secondary offense. While this seemed like a step back for legislators trying to make roads safer, the amendment was still added to the bill at the last minute. This amendment would also extend to texting while driving.

If Bill 37 becomes law, police will not be able to pull over a driver if they are illegally using a wireless device if that is the only offense they spot. An officer would have to see a primary infraction first in order to make a stop. However, the new law would maintain the primary offense status for talking or texting while driving for drivers who are 17 or younger.

At the moment, if an officer sees you texting and driving, they can pull you over if they suspect you are texting while driving, even if you are not committing another traffic violation.

Penalties for texting and driving

Texting and driving in Pennsylvania is a summary offense according to the current law that went into effect on March 8, 2012, and still remains active. That means law enforcement does not need to indict you or provide you with a jury trial. The law does not allow for the seizure of your device, even if convicted.

If you are convicted of violating this law, you will have to pay a $50 fine. However, with additional fees, surcharges, and court costs, the final amount you will likely pay could be over $100.

Aside from the fine and fees, there are no other penalties. Points are not recorded on your driver’s license for a violation of the texting ban. And even if you’re convicted, that information will not be added to your driving record.

For commercial drivers, a violation of the ban is recorded as a non-sanction violation.

What happens if you violate other laws while texting and driving?

However, there is a reason for the law. Distracted driving puts all drivers on the road in danger.

Driving requires a person’s full attention, so taking your eyes off the road can be deadly for you and others.

The National Highway Traffic Safety Administration’s latest data revealed that distracted driving claimed the lives of 3,142 Americans in 2019. In 2018, there were 14,202 distracted driver crashes in Pennsylvania alone, resulting in 65 deaths.

While many texting and driving citations in Pennsylvania result in simple fines, if you are pulled over for texting while driving, it could lead to a reckless driving charge if law enforcement believes your distracted driving puts others in danger. Depending on the circumstances, if your texting and driving offense leads to the death of another person, you can be charged with homicide-by-vehicle.

What should you do if you receive a ticket for texting and driving in Pennsylvania?

If you believe you were wrongfully cited and fined for texting while driving and want to fight your ticket in court, it’s best to hire an attorney. If you want to argue that your vehicle was not in motion, that you were on private property while texting, or provide proof that you were not actually using your device for texting, a legal professional can help you build your case.

The WinIt app provides you with a convenient way to find a professional attorney in your state who will respond to your inquiry within 48 hours. Our app is designed to help you quickly take care of your ticket in the way that’s most affordable to you.

Just remember not to use it while you’re driving, or you’ll have more than one ticket to contend with!