Pennsylvania State Legislature passes ban on texting by drivers.

The Pennsylvania Senate recently and overwhelmingly approved legislation that prohibits motorists from sending, receiving or reading text messages while driving. A day after the measure passed in the House, senators voted, 45-5, to send it to Governor Corbett, who is expected to sign it. The legislation makes it a "primary offense" to send, receive or read a text message while operating a vehicle, meaning a police officer can stop and ticket a driver seen using a texting device. The Bill sets a $50 penalty for texting while driving. The ban is to take effect 120 days after Corbett signs the measure. Originally, texting while driving was to be a secondary offense, meaning a police officer could cite a driver for it only if the motorist had been stopped for another offense, such as speeding or running a red light, but was later upgraded to a primary offense. Nine states ban the use of handheld cellular phones while driving, and 34 states have banned texting while driving.

Case Law Alert, 1st Qtr 2012