(a) Prohibition.--Except as provided under subsection (c), a driver may not engage in texting while driving a commercial motor vehicle or motor carrier vehicle.

(b) Employer.--Except as provided under subsection (c), an employer may not permit or require a driver of the employer to engage in texting while driving a commercial motor vehicle or motor carrier vehicle.

(c) Emergency use exception.--Texting while driving shall be permissible by a driver of a commercial motor vehicle or motor carrier vehicle if necessary to communicate with a law enforcement official or other emergency service.

(d) Penalties.--

(1) A person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100.

(2) A person who violates subsection (b) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Driving." Operating a commercial motor vehicle or motor carrier vehicle on a highway, with the motor running, including while the commercial motor vehicle or motor carrier vehicle is temporarily stationary because of traffic, a traffic control device or other momentary delay. The term does not include operating a commercial motor vehicle or motor carrier vehicle with or without the motor running if the driver moved the vehicle to the side of or off of a highway and halted in a location where the vehicle can safely remain stationary.

"Electronic device." An electronic device includes, but is not limited to, a cellular telephone, personal digital assistant, pager, computer or any other device used to input, write, send, receive or read text.

"Texting." Manually entering alphanumeric text into or reading text from an electronic device. The following shall apply:

(1) The term includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access an Internet web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone or engaging in any other form of electronic text retrieval or entry, for present or future communication.

(2) The term does not include:

(i) Inputting, selecting or reading information on a global positioning system or navigation system.

(ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone.

(iii) Using a device capable of performing multiple functions, including, but not limited to, fleet management systems, dispatching devices, citizens band radios and music players, for a purpose that is not prohibited by this section.

(June 30, 2014, P.L.814, No.85, eff. 60 days)

2014 Amendment. Act 85 added section 1621.

Cross References. Section 1621 is referred to in section 1603 of this title.