Pennsylvania's Distracted Driving Law

Effective June 5, 2026, the penalty is a summary offense with a $50 fine, plus court costs and other fees.

Pennsylvania’s hands-free law may be referred to as Paul Miller’s Law.

Paul Miller was killed in 2010 when a distracted driver crossed a center grass divider and traveled head-on into Paul’s car.

If a driver is convicted of homicide by vehicle and driving while distracted, they may be sentenced up to an additional five years in prison.

As a primary offense, drivers can be stopped by police if they have a mobile device in their hand while driving.

The law:

• Defines an interactive mobile device as a handheld wireless telephone, personal digital assistant, smart phone, portable or mobile computer, or similar device which can be used for voice communication, texting, emailing, browsing the Internet, instant messaging, playing games, taking or transmitting images, recording or broadcasting videos, creating or sharing social media or otherwise sending or receiving electronic data.
• Defines driving as operating a motor vehicle on a highway, including anytime the motor vehicle is temporarily stationary because of traffic, a traffic control device (e.g., a traffic light or stop sign), or other momentary delay.
• Defines the use of an interactive mobile device as using at least one hand to hold, or supporting with another part of the body, an interactive mobile device, dialing or answering an interactive mobile device by pressing more than a single button, or reaching for an interactive mobile device that requires a driver to maneuver so that the driver is no longer in a seated driving position, restrained by a seat belt.

A driver may 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. 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.

Pennsylvania's Texting-While-Driving Ban

The law prohibits as a primary offense any driver from using an interactive mobile device to send, read or write a text-based communication while his or her vehicle is in motion.

• Defines an interactive mobile device as a handheld wireless telephone, personal digital assistant, smart phone, portable or mobile computer or similar device which can be used for voice communication, texting, emailing, browsing the Internet, instant messaging, playing games, taking or transmitting images, recording or broadcasting videos, creating or sharing social media or otherwise sending or receiving electronic data.
• Defines a text-based communication as a text message, instant message, email or other written communication composed or received on an interactive mobile device.
• Makes clear that this law supersedes and preempts any local ordinances restricting the use of interactive wireless devices by drivers.

"Faces of Distracted Driving" is an online photo series exploring the tragic consequences of texting and cell phone use behind the wheel by sharing the stories of people from across the country who have been injured or lost loved ones in distracted driving crashes. Click here to view "Faces of Distracted Driving."

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