August 27th, 2024

Pennsylvania’s New Prohibition on Cell Phone Use While Driving.

Most drivers are aware that in Pennsylvania, they are prohibited from sending, reading, and/or writing any text-based communication while they are operating a motor vehicle. This law is codified in 75 Pa.C.S.A.§ 3316 Prohibiting text-based communications and has been in effect since 2012. This law is commonly referred to as the distracted driver law.  A violation of this law constitutes a summary offense and, if convicted, will result in fines and hefty court costs.

What drivers may not be aware of however is that Pennsylvania has enacted new legislation that prohibits a driver from using their mobile device while driving. This law will be codified in 75 Pa.C.S.A. § 3316.1 and takes effect June 5, 2025.

A violation of this law is factually dependent on what constitutes “use”, but the law makes clear that even reaching for your mobile device in the vehicle can result in a violation and subsequent conviction for this offense. Currently, a violation of this law constitutes a summary offense and, if convicted, will result in a fine and hefty court costs. Currently, a violation will not result in any points on your license and/or a license suspension. However, that could be the future of the law. Prior versions of the law included a license suspension at the discretion of the court, as well as assigning points on your license in certain circumstances. Moreover, Pennsylvania seems to be on a trajectory of mirroring neighboring states’ distracted driver’s laws. In New York, drivers in violation of New York’s distracted driving laws receive a fine and points on their license, which, if accumulated, will result in a license suspension.

In sum, drivers should be aware of the current and upcoming laws concerning cellphone usage while driving a vehicle. If one should find themselves facing a violation of Pennsylvania’s distracted driver law, the attorneys at Gross McGinley can help.


Attorney Julianne Danchak is a seasoned Criminal Defense and Litigation attorney practicing at Gross McGinley since 2024.

The content found in this resource is for informational reference use only and is not considered legal advice. Laws at all levels of government change frequently and the information found here may be or become outdated. It is recommended to consult your attorney for the most up-to-date information regarding current laws and legal matters.