Liberty Riders
Chapter 69 District 9
Chapter 69 District 9
Legislative News
"Just Say No" to Texting while Driving
More Information is available pertaining to legislative happenings at: http://www.abatepa.org/Common_pages/Legislative_Agendas.html
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2104 Session of
2009
INTRODUCED BY HANNA, BRIGGS, CASORIO, HOUGHTON AND READSHAW, NOVEMBER 18, 2009
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 18, 2009
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in other required equipment, further providing for exhaust systems, mufflers and noise control.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 4523 of Title 75 of the Pennsylvania Consolidated Statutes is amended by adding a subsection to read:
§ 4523. Exhaust systems, mufflers and noise control.
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(f) Enforcement for violations.--
(1) A person who reasonably believes that a motor vehicle is in violation of this section may file a complaint, containing the registration plate number, with a magisterial district judge.
(2) Based on the information in the complaint, the magisterial district justice may issue a search warrant for the vehicle and shall forward the search warrant and information contained in the complaint to the Pennsylvania State Police for investigation.
(3) Upon receipt of the search warrant, the Pennsylvania State Police shall investigate whether the vehicle is in violation of this section and shall take appropriate action to enforce the provisions of this section.
(4) A person who files more than one complaint under this section which, after investigation by the Pennsylvania State Police, are determined not to support a violation of this section shall be prohibited from filing any additional complaint under this section for a period of 12 months from the date the last complaint is determined not to support a violation of this section.
Section 2. This act shall take effect in 60 days.
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2209 Session of
2010
INTRODUCED BY GROVE, MILLER, MOUL, CLYMER, D. COSTA, DENLINGER, GINGRICH, HARRIS, HORNAMAN, MURT, READSHAW, REICHLEY, SONNEY AND WATSON, JANUARY 19, 2010
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 19, 2010
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for learners' permits.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 1505(d) and (e) of Title 75 of the Pennsylvania Consolidated Statutes are amended to read:
§ 1505. Learners' permits.
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(d) Duration of permit.--A learner's permit shall be valid for a period of one year after date of issue, or until the holder of the permit has failed the examination as authorized in section 1508 (relating to examination of applicant for driver's license) three times within the one-year period. A motorcycle learner's permit shall not be renewable after one year. A person may reapply for a motorcycle learner's permit no more frequently than three times in a ten-year period.
(e) Authorization to test for driver's license and junior driver's license.--A person with a learner's permit is authorized to take the examination for a regular or junior driver's license for the class of vehicle for which a permit is held. Before a person under the age of 18 years may take the examination for a junior driver's license, including a Class M license to operate a motorcycle, the minor must:
(1) Have held a learner's permit for that class of vehicle for a period of six months.
(2) Present to the department a certification form signed by the father, mother, guardian, person in loco parentis or spouse of a married minor stating that the minor applicant has completed 50 hours of practical driving experience accompanied as required under subsection (b). Submission of a certification shall not subject the parent, guardian, person in loco parentis or spouse of a married minor to any liability based upon the certification.
(3) Have the certification form completed when the minor is ready for the licensing examination. The certification form shall be developed by the department and will be provided by the department when the original application for a learner's permit is processed. The department will make this form readily available through the mail or electronic means.
(4) Complete the department-approved motorcycle safety course as a requirement for obtaining a Class M junior driver's license.
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Section 2. This act shall take effect in 60 days.
A.B.A.T.E.'s Position
Position & Comment: Cell Phones and Other Driver Distractions
A.B.A.T.E. of PA currently supports legislation that would regulate or prohibit the use of hand held cell phones and activities such as text messaging by any driver operating a motor vehicle.
It is with a certain amount of reluctance that we adopt this position. A.B.A.T.E. of PA has historically supported the right of responsible adults to make choices.
However, A.B.A.T.E. of PA is concerned that the distracted driver is becoming a substantial threat to the safety of other motorists, and that the trend is increasing with no effective solution in sight other than a legislative prohibition.
Motorcyclists are especially vulnerable to the distracted driver. When a motorcyclist is on the receiving end of a right-of-way violation, the outcome is frequently catastrophic. It doesn’t matter that the right-of-way violation occurred because of a cell phone, GPS, MP3 player, cheeseburger, kids in the back seat, or alcohol. For the motorcyclist, the outcome is the same.
Certainly the cellular phone is not the only factor leading to the distracted driver phenomenon. But the cellular phone is unique in that the driver is interacting with someone (or something) that is not present in the vehicle.
A.B.A.T.E. of PA believes that the time for a hand-held cell phone ban has come, at least until the distracted driving phenomenon can be addressed in a more comprehensive manner.
A.B.A.T.E. of PA will continue to support legislation that increases the penalties for right-of-way violations and maximizes the probability that irresponsible drivers will be held fully accountable for the consequences of their actions.
Position & Comment: Cell Phones and Other Driver Distractions
A.B.A.T.E. of PA currently supports legislation that would regulate or prohibit the use of hand held cell phones and activities such as text messaging by any driver operating a motor vehicle.
It is with a certain amount of reluctance that we adopt this position. A.B.A.T.E. of PA has historically supported the right of responsible adults to make choices.
However, A.B.A.T.E. of PA is concerned that the distracted driver is becoming a substantial threat to the safety of other motorists, and that the trend is increasing with no effective solution in sight other than a legislative prohibition.
Motorcyclists are especially vulnerable to the distracted driver. When a motorcyclist is on the receiving end of a right-of-way violation, the outcome is frequently catastrophic. It doesn’t matter that the right-of-way violation occurred because of a cell phone, GPS, MP3 player, cheeseburger, kids in the back seat, or alcohol. For the motorcyclist, the outcome is the same.
Certainly the cellular phone is not the only factor leading to the distracted driver phenomenon. But the cellular phone is unique in that the driver is interacting with someone (or something) that is not present in the vehicle.
A.B.A.T.E. of PA believes that the time for a hand-held cell phone ban has come, at least until the distracted driving phenomenon can be addressed in a more comprehensive manner.
A.B.A.T.E. of PA will continue to support legislation that increases the penalties for right-of-way violations and maximizes the probability that irresponsible drivers will be held fully accountable for the consequences of their actions.
