Peters Township Attorney Reflects on Texting Law Effective Thursday

Effective Thursday, texting while driving will be illegal in Pennsylvania.

The law, which makes texting a summary offense punishable by a $50 fine, allows police officers to stop and cite offenders for that reason alone.

Section 3316 of the vehicle code specifically bans sending, reading or writing a text communication while a vehicle is in motion.

“But the law does allow a driver to read, select or enter a telephone number to make a call, and to use a GPS app,” said attorney and Washington County defense lawyer Dave DiCarlo. “And it is completely silent on using FaceTime or even playing Angry Birds.”

The texting violation will not carry any points and it does not permit a police officer to seize a telephone.

“Convicting a driver is going to be difficult, too, unless someone is caught in the act or confesses,” he said. “How will an officer testify the driver was texting instead of dialing a telephone number?”

Four cities had banned cell phone use by drivers without a hands-free attachment.

“Those ‘distracted driver’ ordinances in Philadelphia, Harrisburg, Wilkes-Barre and Erie are now preempted by this law," DiCarlo said. "This means that handheld cell phone use will be legal throughout Pennsylvania beginning Thursday." 

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