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Politics & Government

Texting While Driving Could Become Primary Offense

Fine would be $100.

Drivers in Pennsylvania take notice: Texting and driving in the state could cost you $100. 

The state Senate voted June 7 to increase the proposed penalty on texting while driving from a secondary to a primary offense. 

A secondary offense can only be charged after a driver has been pulled over for a primary offense, such as speeding. Under the newly amended Senate bill, a driver could be pulled over if a police officer believes he was text messaging behind the wheel. 

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The initial fine for the offense will be $100. 

The amendment pushed by state Sen. Jim Ferlo, D-Allegheny, passed by a 35-14 vote in the Republican-controlled Senate.

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Ferlo said he felt that text messaging “requires a more complex set of cognitive skills to be used while driving” and is more distracting than using a cell phone or talking with a passenger. He said texting has caused countless auto accidents and deaths and should be dealt with more strongly that other in-vehicle communications. 

The proposed prohibitions against using handheld cell phones and other electronic equipment while driving remain in the bill, SB 314, but as secondary offenses. 

“Common sense should prevail, if we want to discourage cell phone use and, more specifically, texting" while driving, Ferlo said. 

State Sen. John Wozniak, D-Cambria, minority chairman of the Senate Transportation Committee, led the opposition to the Ferlo amendment. He argued that “making texting a primary offense won’t make any difference” in reducing the number of violations. 

“That $100 fine could well be $250 when all (court) fees are added,” Wozniak said. “Let’s start with the secondary offense, with the educational process. We can come back in a year and make it tougher, if we feel we need to.” 

The amendment delayed the bill, which was ready for final passage, for at least another day due to Senate rules. Any bill that has been amended has to sit for at least 24 hours before lawmakers can vote on final passage.

In the state House, a bill to ban cell phone use while driving--either talking or texting--has been passed out of committee but has not received a final vote. Another bill, which adds a wide range of secondary offenses for distracted driving--including eating and using the radio--has been passed by the state House. 

The state Senate is expected to vote on the legislation later this week, but working out the differences between the Senate and House bills will be necessary before any of them can advance to Gov. Tom Corbett’s desk for consideration.

Jim Panyard is a reporter for PA Independent.

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