What is Distracted Driving?

Distracted driving is any activity that could divert a person’s attention away from the primary task of driving. All distractions endanger driver, passenger, and bystander safety.

These types of distractions include:

  • Texting
  • Using a cell phone or smartphone
  • Eating and drinking
  • Talking to passengers
  • Grooming
  • Reading, including maps
  • Using a navigation system
  • Watching a video
  • Adjusting a radio, CD player, or MP3 player
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If you receive a traffic ticket for distracted driving, contact experienced distracted driving lawyer Keith J. Williams Law before paying the fine!

Distracted Driving Key Facts & Statistics

10% of drivers of all ages under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted. Drivers in their 20s make up 27 percent of the distracted drivers in fatal crashes. At any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010. Engaging in visual-manual subtasks (such as reaching for a phone, dialing and texting) associated with the use of hand-held phones increased the risk of getting into a crash by three times. Five seconds is the average time your eyes are off the road while texting. When traveling at 55mph, that's enough time to cover the length of a football field blindfolded. A quarter of teens respond to a text message once or more every time they drive. 20 percent of teens and 10 percent of parents admit that they have extended, multi-message text conversations while driving. Headset cell phone use is not substantially safer than hand-held use.

Pennsylvania’s Texting-While-Driving Ban

Distracted driving is dangerous. But, because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most alarming distraction.

The law prohibits, as a primary offense, any driver from using an Interactive Wireless Communication Device (IWCD) to send, read or write a text-based communication while his or her vehicle is in motion. The penalty is a summary offense with a $50 fine, plus court costs and other fees.

The Pennsylvania’s Texting-While-Driving Ban:

  • Defines an Interactive Wireless Communication Device as a wireless phone, personal digital assistant, smart phone, portable or mobile computer or similar devices that can be used for texting, instant messaging, emailing or browsing the Internet.

  • Defines a text-based communication as a text message, instant message, email or other written communication composed or received on an Interactive Wireless Communication Device.
  • Institutes a $50 fine for convictions under this section.
  • Makes clear that this law supersedes and preempts any local ordinances restricting the use of Interactive Wireless Communication Devices by drivers.

The violation carries no points as a penalty and will not be recorded on the driver record for non-commercial drivers. It will be recorded on commercial drivers’ records as a non-sanction violation.

The texting ban does NOT include the use of a GPS device, a system or device that is physically or electronically integrated into the vehicle, or a communications device that is affixed to a mass transit vehicle, bus or school bus. The law does not authorize the seizure of an Interactive Wireless Communication Device.

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Federal Regulations

The U.S. Department of Transportation is leading the effort to stop texting and cell phone use behind the wheel. Since 2009, they have held two national distracted driving summits, banned texting and cell phone use for commercial drivers, encouraged states to adopt tough laws, and launched several campaigns to raise public awareness about the issue.

The U.S. Department of Transportation’s regulatory campaign against distracted driving is a multi-modal effort that includes automobiles, trains, planes, and commercial vehicles.

FEDERAL EMPLOYEES

On September 30, 2009, President Obama signed an Executive Order directing federal employees not to engage in text messaging:

  • While driving government-owned vehicles;
  • When using electronic equipment supplied by the government while driving; or
  • While driving privately owned vehicles when they’re on official government business.

The order also encourages federal contractors and others doing business with the government to adopt and enforce their own policies banning texting while driving on the job.

COMMERCIAL DRIVERS

The Federal Motor Carrier Safety Administration (FMCSA) banned commercial truck and bus drivers from texting while driving in September 2010, and later banned all hand-held cell phone use by commercial drivers in November 2011.

DRIVERS OF HAZARDOUS MATERIALS

In February 2011, the Pipeline and Hazardous Materials Safety Administration (PHMSA) banned texting on electronic devices by drivers operating a motor vehicle containing hazardous materials, in conjunction with the proposed FMCSA ban.

RAIL EMPLOYEES

The Federal Railroad Administration (FRA) banned rail employees from using cell phones or other electronic devices on the job following a September 2008 Metrolink crash in Chatsworth, CA that killed 25 people.

PILOTS

After a Northwest flight crew distracted by a laptop overshot their destination by 150 miles, the Federal Aviation Administration (FAA) advised air carriers to create and enforce policies that limit distractions in the cockpit and keep pilots focused on transporting passengers safely.

Protect your driver’s license. Call Bucks County traffic ticket attorney Keith J. Williams at 215-340-1134 before paying the fine!

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Criminal Defense Attorney Keith J. Williams, Esq.
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