(a) Commercial motor vehicle.--Except as provided under subsection (c), a driver may not use a handheld mobile telephone 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 use a handheld mobile telephone while driving a commercial motor vehicle or a motor carrier vehicle.

(c) Emergency use exception.--Using a handheld mobile telephone 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.

"Mobile telephone." A mobile communication device which uses a commercial mobile radio service, as defined in 47 CFR § 20.3 (relating to definitions). The term does not include two-way or Citizens Band Radio services.

"Use a handheld mobile telephone." As follows:

(1) Using at least one hand to hold a mobile telephone to conduct a voice communication.

(2) Dialing or answering a mobile telephone by pressing more than a single button.

(3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR § 393.93 (relating to seats, seat belt assemblies, and seat belt assembly anchorages) and adjusted in accordance with the vehicle manufacturer's instructions.

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

2014 Amendment. Act 85 added section 1622.

Cross References. Section 1622 is referred to in section 1603 of this title.