More Changes for Pennsylvania Motorists

Dale G. Larrimore, Esq.[i]

     Highway Safety Law Awareness Law Awareness Week just ended. PennDOT’s Leslie Richards made a concerted effort to make sure that the public is educated about highway safety laws that were recently passed or updated and how they impact drivers. The following are a few more of the driving safety laws enacted recently in the Commonwealth of Pennsylvania.

“Child Passenger Safety” Law Update
     In August 2016, Pennsylvania’s updated Child Passenger Safety Law became effective, making it mandatory for children to be buckled into a rear-facing car seat until the age of 2, or until they meet the maximum weight or height requirements set by the manufacturer of the seat.
     With the new law, Pennsylvania becomes the fourth state in the country to mandate rear-facing seat positioning until 2. The other states that have passed similar laws are California, New Jersey and Oklahoma. Anyone who violates the law will receive a verbal warning only for the first year. Beginning in August 2017, each violation will result in a $125 fine.
     According to AAA, car crashes are the leading cause of death and injury for children less than 14. “This new child car seat regulation makes Pennsylvania a leader in child passenger safety,” said Jana L. Tidwell of AAA Mid-Atlantic. “Industry research, including the American Academy of Pediatrics, the National Highway Traffic Safety Administration, and the National Transportation Safety Board, clearly shows infants and toddlers should continue to ride rear-facing until they reach the highest weight or height recommended by the manufacturer of the seat."
     Upon signing the bill in June, Gov. Tom Wolf said: “We have no greater responsibility as public servants than protecting our most vulnerable, including especially young children."

Daniel's Law

     This law is named for Daniel Gallatin, a father, grandfather, military veteran, and fireman of nearly 40 years who was killed in May of 2013 when his motorcycle was struck from behind by someone who was texting while driving. As of January 2017, this law increases the penalty for texting while driving resulting in serious bodily injury or death.

     “I am proud to sign House Bill 2025 into law which enhances the penalties for distracted driving in Pennsylvania that results in a severe injury, or death,” said Governor Tom Wolf. “This behavior, which has been allowed to go under-punished for far too long, has been demonstrated to be just as dangerous as drunk driving. Distracted driving has fatal, irreversible, and grave consequences and by signing this bill, I hope to make our roads and highways safer for our citizens, and everyone using them.”

     “It is our hope Daniel’s Law will lead to safer roads by raising awareness of the serious consequences that can happen when you text while driving,” Representative Jaret Gibbons said. “I was honored to stand up for the Gallatin family when they came to me after suffering this horrible tragedy. While we cannot bring Dan Gallatin back, at least his family will know that through this law, his loss will help to save lives,” Gibbons said.

     According the National Highway Traffic Safety Administration, 3,328 deaths were caused by distracted driving nationwide in 2012 and approximately 421,000 people were injured in accidents involving a distracted driver. Here in Pennsylvania, more than 14,800 crashes in 2015 were caused by this practice, resulting in 66 deaths. It is imperative that we make sure that our drivers are aware of the consequences of distracted driving to eliminate senseless deaths caused by this dangerous behavior.

Ignition Interlock Law

     As of August 2017, second or subsequent DUI offenders will be required to install an Ignition Interlock system in every car they operate or lease for more than a year. Each system costs $1,000. All convicted drunk drivers with an illegal blood alcohol concentration of .10 or more will now have to use ignition interlocks for a year. Previously, ignition interlocks were only required in Pennsylvania for repeat offenders.

     “This is a tremendous step toward eliminating the dangerous, revolving door of repeat drunk driving,” said MADD National President Colleen Sheehey-Church. “Ignition interlocks save lives by keeping convicted drunk drivers from repeating their decision to drive impaired. This legislation reflects the commitment of Senator Rafferty and Representative Greiner and the dozens of dedicated family members who worked tirelessly in honor of their loved ones lost to this completely preventable crime.”
     In 2014, 345 people were killed in crashes caused by a drunk driver in Pennsylvania, according to information from Mothers Against Drunk Driving. In February of last year, MADD released a report demonstrating that, by the group's estimation, ignition interlocks have stopped 1.77 million drunk driving attempts. In Pennsylvania, ignition interlocks have stopped 78,210 attempts to drive drunk.“Senate Bill 290 received overwhelming support from my colleagues in the Senate and the House, which demonstrates the significance of ignition interlocks for most first-time DUI offenders”, said Senator Rafferty, who is chairman of the Senate Transportation Committee and primary bill sponsor. “The enactment of Senate Bill 290 is smart on crime and will strengthen our DUI laws, save lives and place offenders in a controlled driving environment.”

[i] Dale Larrimore is the author of the authoritative treatise, Pennsylvania Rules of the Road, published by Thomson Reuters, Vol. 13 of West’s Pennsylvania Practice Series, updated annually.