Juan P. Sánchez, Esq.

Have you heard the rumor of a new law in Pennsylvania banning the use of hand-held cell phones? Before you rush to the store to purchase the latest Bluetooth® or other hands-free device because of the law, you should know that the rumor is false. Due to an official looking email, there has been a rumor circulating regarding a new law banning the use of hand-held cell phones. While the email and subsequent rumor mill is incorrect about the passage of a cell phone ban, there was a bill introduced in the Pennsylvania General Assembly on September 11, 2007, House Bill No. 1827, which, if enacted, would ban the use of hand-held cell phones while driving. The proposed bill may be voted on within the next year.

If enacted, proposed House Bill No. 1827 would amend Title 75 of the Pennsylvania Consolidated Statutes to prohibit any driver from operating "any moving vehicle on a highway of this Commonwealth, which shall include Federal, State and municipal highways, while using a hand-held mobile telephone." In the bill's current form, the term "hand-held mobile telephone" is defined as a "mobile telephone other than a hands-free mobile telephone with which a user engages in a call using at least one hand."

This proposed bill would still allow use of hands-free devices such as Bluetooth earphones and speakerphones. The proposed bill also mentions that defensible actions for the use of a hand-held mobile telephone will be: (1) when the driver had reason to fear for the driver's safety; (2) reporting a traffic accident; and (3) making a "911" emergency call. Violation of this proposed section will be a summary offense, and, upon conviction, will result in a $50 fine.

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