A ban on using a cellular phone while operating a vehicle is pre-empted by state law.

A Lehigh County judge has thrown out the city's ordinance that banned using a cellular phone while operating a vehicle, saying it was pre-empted by state law. Allentown's Ordinance 14782 was passed and signed into law in March 2010. Lehigh County Common Pleas Court Judge Anthony ruled that the Pennsylvania Legislature in enacting the Motor Vehicle Code intended for uniformity in motor vehicle regulations across the Commonwealth. In order for the City to enact such a law, it must have authorization to do so by the Legislature, which the court ruled was not included in the city's "police powers" and authority to regulate traffic. Furthermore, motorists could be subject to unreasonable law enforcement for not having notice of the cellular phone ban before entering the city limits. The court noted that the "Legislature can certainly pass a statute specifically covering the use of cell phones while driving, any other matters concerning distracted driving, but has yet to do so." The state Senate recently approved a bill that would make texting and e-mailing while driving a primary offense and talking without a hands-free device a secondary offense, as well as outlawing Internet browsing and instant messaging while driving. The bill is currently pending approval by the State House of Representatives.

Case Law Alert - 4th Qtr 2011