Pennsylvania is Updating its "No Texting-and-Driving" Policy

Guido Gurrera
6 days ago
4 min read

Updated: 14 hours ago

"No Texting-and-Driving" has now changed to No Swiping, Calling, and More.

Pennsylvania’s law on texting and driving will soon expand to outlaw almost any use whatsoever of a handheld mobile device while driving.

Pennsylvania Making "No Texting-and-Driving" more like "No Phone-Use-and-Driving"

Pennsylvania is taking a significant step forward in combating distracted driving with the

introduction of "Paul Miller’s Law," set to take effect on June 5, 2025. This new legislation marks a substantial shift from the state's current laws, aiming to enhance road safety and align with laws already adopted by neighboring states.

Under existing Pennsylvania law, it's illegal for drivers to “operate a motor vehicle on a highway or traffic-way … while using an interactive mobile device to send, read, or write

text-based communications while their vehicle is in motion."¹

In short, it simply means that you can’t text, instant message, or email and drive at the same time.

However, the law does not explicitly prohibit drivers from using a handheld device to engage in other potentially distracting behaviors while driving (although these could potentially lead to violations of other parts of the Motor Vehicle Code, like careless driving, for example). The law also only applied when the vehicle was in motion so it technically wouldn’t ban sending texts or checking emails while you are on the road, but stopped, like when at a red light.

The current penalty for violating this law is a $50 fine if convicted, and it is a summary

offense (the least severe type). No points are added to a non-commercial driver's record

for a violation.

What is "Paul Miller's Law?"

That all changes on June 5, 2025, when a new law takes effect. This law, known as

“Paul Miller’s Law," honors a 21-year-old college student who was tragically killed in a

distracted-driving crash in 2010.²

The new law is clear and broad, proclaiming that “no driver shall use an interactive mobile device while driving a motor vehicle.”³ The law defines "driving" to include any time the vehicle is on a highway as well as when the vehicle is temporarily stationary because of traffic, a traffic control device or other momentary delay.

What Counts as "Phone Use" in Paul Miller's Law?

“Use” of in interactive device is defined to include using at least one hand to hold a device, or supporting it with another part of the body (such as when you pinch your phone between your head and shoulder during a conversation, or are resting your phone on your lap).

“Use” also includes dialing or answering a device by pressing more than a single button. “Use” even includes reaching for an interactive mobile device that requires a driver to maneuver so that the driver is no longer in a seated driving position and restrained by a seat belt.

Taken together, the law will prohibit drivers from using handheld mobile devices for

nearly any purpose while operating a vehicle, even while stopped at traffic lights or

sitting in traffic.⁴ No more using your handheld device for directions, making a call, or even checking social media when stopped at a red light.

The Exceptions to Pennsylvania's New Driving and Phone-use Policy:

One exception allows a driver to use an interactive mobile device if the driver moves the

vehicle to the side of or off a highway and halts in a location where the vehicle can

safely remain stationary. Another exception permits a driver to use a handheld device to

communicate with police or emergency services.

Don't Worry – You Can Still Listen to Music and Use GPS

One thing to note about the new law is that it only prevents a driver from using an

interactive mobile device while driving when it is being held with a hand (or other body

part), or while reaching for it. In other words, you will still be able to use devices to talk,

navigate, or listen to music as long that are plugged into your car’s console or connected through Bluetooth and don’t require you to hold them, or are secured with a mounting device.

Key provisions of the new law include:

Hands-Free Use Only: Drivers may use mobile devices only through hands-free technology, like Bluetooth or integrated vehicle systems, for functions like phone calls or navigation. Almost any use of a hand-held interactive mobile device is against the law.
Primary Offense: Law enforcement officers can stop and cite drivers solely for handheld device use, without needing another traffic violation (such as speeding or not stopping at a stop sign) as a pretext for a traffic stop.
Grace Period: For the first 12 months after the law takes effect, violators will receive written warnings, but can still be fined under the existing law for texting.
Penalties: Starting June 5, 2026, violations will result in a $50 fine, plus court costs and other fees. If distracted driving leads to a fatal accident, an additional five years may be added to the offender's sentence. The violation carries no points as a penalty and will not be recorded on the driver record for non-commercial drivers. This may be amended by future legislation however. It will be recorded on commercial drivers' records as a non-sanction violation.
Emergency Exception: The hands-free law allows for an emergency use exception if it is necessary to communicate with a law enforcement official or other emergency service to prevent injury to persons or property. This would be a situation in which you need to call 9-1-1 or the police. Do you want to learn more about how you can abide with Pennsylvania's new Driving Phone Policy? Contact Guido legal advice.

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