A new law went into affect in Pennsylvania today that bans texting or e-mailing while driving making it a primary offense. That sounds pretty good right? No one should be texting or writing an e-mail while driving, it’s common sense to me but there are those among us that needs laws for every little thing in their life.
What’s the spin?
There was already a law passed in Philadelphia back in 2009 that banned using a cell phone while driving unless it was hands-free (within the city of Philadelphia). The new state law supersedes and preempts any local ordinances including the 2009 Philadelphia law.
So you can now talk on your cell phone without the need for a hands-free headset but you can’t text or email on your cell phone while driving in the state of Pennsylvania.
I support the current ban on texting and e-mailing as do a great many drivers. I’m left scratching my head though wondering what happened to the hands-free provision? I personally don’t spend too much time in the car but occasionally I do need to jump on a conference call and always utilize my trusty Plantronics Voyager 510 headset.
Have you ever had any close calls because you were distracted by your cell phone?
Do support restricting cell phone use while driving?
Cheers!
Hi,
Just to clear this up. Local government can make laws, such as the no cell phone law in Philly. The state can make laws that supersede these laws. The deal is this though, The state law is the top law and local government can make similar laws but the local law can NOT be weaker than the state law, but the local government CAN make laws stronger than that of the state. So with this being said the no cell phone law in Philly still is in effect. No cell phones at all in Philly because the local law is stronger than the state law.
Philly LEO
Thanks for the clarification Nick… I guess I need to-do some additional reading because it was my impression (with the limited reading I’ve done to-date) that the state law supersedes the city law.
Thanks for the comment!
Hi Michael,
you are not wrong in what you said by any means. What it is meant to do is for the state to be able to manage the local governments. But the state also understands that some local communities think state law is to lax and the state says they have the ability to build on state law and make it stronger.
I enjoy ur posts
NIck
Hi Nick,
Well I’ll admit that I’m confused… and I haven’t been able to find a reference that I believe it authoritative and convincing for me.
In an article posted on CBS Philly the author Jim Melwert writes this;
But today, that law in Philadelphia is gone, as the new Pennsylvania law kicks in. Cops can pull you over for texting, they can’t if you’re dialing a phone or chatting on a handset, which is a secondary offense.
I’ll keep searching… perhaps I’ll need to ask some friends (which are lawyers) for their view on the issue.
Thanks as always for the discussion!