Texting and Driving: Distracted Driving Laws in Pennsylvania

In Pennsylvania, both texting and holding a phone while driving are strictly illegal. Texting while driving has been prohibited since 2012, and holding or physically supporting a mobile device for any reason, even while stopped at a red light, is banned under Paul Miller’s Law. With full law-enforcement citations and $50 fines in effect after the grace period ended June 5, 2026, Pennsylvania drivers face direct traffic tickets for handheld phone use.

If a distracted driver causes a motor vehicle crash resulting in severe bodily injury or wrongful death, Pennsylvania personal injury and criminal law also impose harsher penalties and legal liability.

Key Takeaways

• Texting Ban: It is illegal to send, read, or write text-based communications while operating a motor vehicle in Pennsylvania.
• Paul Miller’s Law: Prohibits holding or supporting a handheld wireless communication device while driving or temporarily stopped in traffic.
• PA Traffic Fines & Penalties: Both laws are primary offenses carrying a $50 fine plus court costs (no driver’s license points for standard non-commercial drivers).
• Criminal Liability: Daniel’s Law imposes mandatory prison sentence enhancements if distracted driving causes serious bodily harm or vehicular homicide.

Is It Legal to Text or Hold a Phone While Driving in Pennsylvania?

No. Pennsylvania bans handheld device usage under two distinct state statutes:

1. Pennsylvania Texting Ban (75 Pa.C.S. Section 3316): Texting, emailing, or sending any text-based communication while driving has been illegal since 2012.
2. Paul Miller’s Law (75 Pa.C.S. Section 3316.1): Holding or physically supporting a phone at all, including to talk, browse, or check a map, is illegal, which took full effect on June 5, 2026.

Both violations are primary traffic offenses in PA, meaning officers can pull a driver over solely for observing a phone in the driver’s hand without needing another moving violation.

What Paul Miller’s Law Actually Bans for PA Drivers

Paul Miller’s Law prohibits drivers from holding or physically supporting a handheld mobile device while driving. The ban applies even when the vehicle is stopped at a red light, a stop sign, or sitting in traffic. It covers more than texting:

• Holding or supporting a wireless phone with any part of the hand, shoulder, or body.
• Touching or using a cell phone while stopped at a red light, stop sign, or delayed in traffic jams.
• Dialing, answering, or making phone calls by pressing more than a single button.
• Reaching for a cell phone if it requires moving out of a standard seated driving position or unbuckling a seatbelt.
• Manually typing, scrolling social media, browsing websites, or entering GPS addresses while holding the device.

What Is Still Allowed Under Pennsylvania Hands-Free Laws?

Drivers in Pennsylvania can still legally use hands-free technology, provided the device is not physically held:

• Using Bluetooth, earpieces, and voice commands through a mounted or built-in system is permitted for calls, music, or navigation.
• Tapping a single button or screen prompt to initiate, accept, or terminate a hands-free phone call.
• Picking up the phone to call 911 or otherwise alert emergency authorities.

Everything else involving physically holding or supporting the device while driving falls under the ban.

Fines and Penalties for a Violation

A citation under Paul Miller’s Law carries a base $50 fine, plus mandatory PA court costs and administrative fees. A standard ticket for violating Paul Miller’s Law does not add points to a non-commercial driver’s license (CDL drivers face separate federal safety regulations).

Pennsylvania State Police and local departments issued warnings only for the law’s first year, from June 2025 through June 2026. As of June 5, 2026, that grace period has ended, and officers are now issuing citations with the full fine.

Daniel’s Law: When a Distracted Driving Violation Causes Injury or Death

When cell phone distraction leads to severe auto accidents, Pennsylvania law applies strict criminal enhancements to reckless drivers:

• Daniel’s Law (75 Pa.C.S. Section 3732(b)(1.1)): Named after Lawrence County firefighter Daniel Gallatin, killed by a texting driver, this law adds up to 5 years of imprisonment when a homicide by vehicle conviction is paired with a texting or handheld-device conviction.
• Aggravated Assault Enhancements (75 Pa.C.S. Section 3732.1): Authorizes up to a 2-year prison sentence enhancement when a conviction for aggravated assault by vehicle is paired with a texting or handheld-device conviction.

What to Do After an Accident Caused by a Distracted Driver

If you are injured in a car crash caused by a distracted driver, the same steps to protect your rights after any crash apply.

1. Call 911 immediately and report the collision to law enforcement and request medical assistance. Inform the responding police officer if you saw the other driver texting or holding a phone.
2. Take photos of property damage, vehicle positioning, skid marks, traffic signals, and physical injuries.
3. Seek immediate emergency room care or medical evaluation, as documentation of injuries is vital for personal injury claims.
4. Preserve cell phone records: call logs, text records, and other proof of distraction.

An experienced Pennsylvania car accident lawyer can issue legal spoliation letters and subpoenas to gather the at-fault driver’s cell phone records to prove illegal device usage at the exact time of the crash.

Frequently Asked Questions

Is Texting While Driving a Primary Offense in PA?

Yes. Both texting and holding a phone while driving are primary offenses in Pennsylvania. This means a police officer can pull you over and issue a ticket solely for observing handheld phone use, without needing to observe another traffic violation first.

Can You Call the Cops on Someone for Texting and Driving?

Yes. You can report reckless or distracted drivers to local police departments using non-emergency numbers, or by dialing 911 if their driving poses an immediate danger on the road.

Is It Legal to Drive With AirPods in Pennsylvania?

No, wearing AirPods or earbuds in both ears is illegal under 75 Pa.C.S. Section 3314. However, Pennsylvania law permits using a single-ear headset or single earbud for phone calls, provided the other ear remains open to hear emergency sirens and ambient traffic sounds.

Injured by a Distracted Driver? Call Scartelli Olszewski, P.C.

Small Enough to Care, Large Enough to Win.

If a distracted driver caused your crash, you don’t have to sort out fault, insurance, and medical bills on your own. Scartelli Olszewski, P.C. represents auto accident victims throughout Northeastern Pennsylvania, including as a Scranton car accident lawyer and Wilkes-Barre car accident lawyer. Call (570) 346-2600 or contact us online for a free consultation.

  
 
 
 
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