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Your Phone Behind The Wheel

75 Pa.C.S. 3316.1 — no handheld device while driving, and a $50 fine

In Pennsylvania, no driver may use an interactive mobile device while driving a motor vehicle, except to reach law enforcement or emergency services to prevent injury to people or property. Driving includes being temporarily stopped in traffic or at a light, but not pulling off the road to a place where the vehicle can safely remain stopped.

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  • Holding a device with at least one hand, or supporting it with another part of the body, is using it.
  • Dialing or answering by pressing more than a single button is using it.
  • Reaching for it so that the driver is no longer seated and belted in the driving position is using it.

A violation is a summary offense with a fine of $50, and for the first 12 months after the rule took effect a driver could only be given a written warning. Sending, reading or writing a text while the vehicle is moving is separately a summary offense with a fine of $50, but a driver is not charged under both for the same act.

Neither section authorizes seizing the device. Both preempt local ordinances on drivers' devices.

Sources for this section (2)
  1. 75 Pa.C.S. 3316.1 — Prohibiting use of interactive mobile device
  2. 75 Pa.C.S. 3316 — Prohibiting text-based communications

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.

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