New Texting Law a Challenge to Pennsylvania Law Enforcement

July 11, 2012

Police and other law enforcement officers in Pennsylvania are struggling to enforce the new texting while driving ban that went into effect in March. State and local police say that they are responding to the enforcement challenge by formulating a strategy that will minimize their time in court making the charges stick while continuing to enforce what some critics say is a weak law.

The reason for the criticisms of the law is that while the law makes texting while driving a primary offense--meaning that a police officer can pull over a person that they observe to be texting while driving--the law does not prohibit motorists from having a cell phone or wireless device in their hand, or from using a cell phone to make a call. This technicality makes it difficult for police to prove that the driver was actually texting.

Somerset Borough Police Chief Randy Cox told the Daily American, "We can't seize their phones and people drive while using their devices to read email or use the Internet. I think the legislature dropped the ball. It's a watered-down version of what was originally in the bill, which was to ban the use of hand-held devices while driving."

Critics of the new law say that a tougher law is needed, as there were 14,000 motor vehicle accidents in Pennsylvania during 2010 in which distracted driving was a factor. A ban on cell phone use had passed the Pennsylvania Senate last year. However, the cell phone ban was taken out of the final bill as part of a legislative compromise.

Five weeks into the new law, the Pennsylvania State Police said that its troopers only had issued 31 citations. According to a department spokesperson, this number only represents a small fraction of the warnings that were handed out.

About the New Law

The texting while driving ban prohibits drivers from sending, reading or writing text messages while the motor vehicle is in motion. Phones, computers and other devices that can send text messages are devices that are included in the ban. However, GPS devices or communication systems that are integrated into the motor vehicle are not included among the prohibited devices. Violators of the ban are assessed a $50 fine.

Despite a lack of a strong legislative response, distracted driving remains a significant problem on Pennsylvania's roadways. If you have been injured by a car accident caused by a texting or distracted driver, contact an attorney experienced with motor vehicle accident. An attorney can investigate the circumstances surrounding the accident and work to hold those who are responsible accountable.

Article provided by Hal Waldman & Associates
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