Tickets for distracted drivers under Pennsylvania's new law will take two years to begin

Don’t expect tickets to be issued anytime soon under Pennsylvania’s new distracted driving law.

When Gov. Josh Shapiro signed Act 18 earlier this month, “Paul Miller’s Law,” named for a Scranton man killed by a distracted driver, was widely heralded as a move to make the state’s roads safer in line with what many of the commonwealth’s neighbors had done years previously.

Written into the legislation – but somewhat unremarked with its passage and signing – was language stating that restrictions on using hand-held devices while driving would not take effect for 12 months, with only written warnings issued for the 12 months after that.

“Therefore, warnings will be given from June 2025 to June 2026, and citations will be issued beginning June 2026,” Pennsylvania State Police Communications Director Myles Snyder wrote in an email, pointing to the text of the act.

Why was it written that way?

“PennDOT needed the 12 months to update our driver’s manual, driver’s tests, and knowledge testing practice app in all available languages,” said
Jennifer Kuntch, the department’s deputy communications director.

“There was also concern by the legislature on making sure the general public had some time to be aware of the changes this law makes,” Kuntch added.

Passage of the law was a lengthy battle for Miller’s mother Eileen, together with state Sen. Rosemary Brown — the bill’s primary sponsor — and other advocates, including Shapiro. That battle resulted in previous failed attempts and many compromises, including to the final version.

Among those compromises were ratcheting down the fine from $100 to $50, and including a provision for local police departments to compile demographic data on drivers pulled over in traffic stops. Shapiro, in conjunction with the Legislative Black Caucus, advocated for that amendment to prevent the new law from disproportionately being used to initiate traffic stops with motorists of color.

Miller: ‘People are asking me’

It is not unprecedented for lawmakers to delay the implementation of legislation for various reasons, including giving affected agencies time to prepare for enforcement.

The state’s texting and driving ban was signed into law by Gov. Tom Corbett in November 2011, but did not take effect until March of the following year.

Eileen Miller said Friday that she knew there would be a waiting period before tickets would be issued under the new law, but hadn’t realized it would be as long as ultimately decided.

“People are asking me” about enforcement of the law, Miller said, acknowledging that there seemed to be a general impression that it would be implemented sooner, including warnings.

What Miller does not want is for drivers to think they should be using digital devices in the meanwhile, regardless of when enforcement begins.

“I don’t want to lie to them,” Miller said of the enforcement delay. “I just don’t want them on their phones.”

Miller’s concerns are supported by life experience and grim statistics: Paul Miller Jr. died in 2010 when a distracted tractor-trailer driver crashed into his car in Monroe County. He was 21.

In 2023, distracted driving was the leading cause of car crashes in Pennsylvania, according to PennDOT data. There were more than 11,262 distracted driving crashes in 2023, compared to 8,330 alcohol-related crashes.

“It took one second for my son to die, one second for him to get killed,” Miller said. “Don’t take your eyes off the road.”

Education and training

Under the new law, drivers will still be able to use their phones to alert emergency responders and to make phone calls, use GPS, and listen to music — if they are using hands-free technology. What they cannot do is use hand-held digital devices behind the wheel.

Asked about how troopers will be educated on enforcing the law, PSP’s Snyder wrote: “Cadets during their Academy training receive instruction on the Pennsylvania Vehicle Code in its entirety, and State Troopers are kept informed of all changes to the Vehicle Code and other statutes relevant to traffic enforcement.”

Earlier this week, the topic of distracted driving came up in Lackawanna County, when regional PSP and PennDOT officials gathered to speak with reporters about efforts to cut down on work zone accidents.

Their message was simple: Just drive.

Jonathan Eboli, PennDOT’s Assistant District 4 executive for maintenance, said that in addition to speeding, distracted and aggressive driving are the leading causes of work zone crashes, noting that there were 1,216 crashes in work zones around the state last year, with 22 fatalities and 45 serious injuries.

Trooper First Class Robert M. Urban, Community Services Officer for Dunmore-based Troop R, elaborated on those trends during an interview prior to the event.

“It’s a very big problem. Every year, we see fatalities, crashes, increase all through distracted driving,” Urban said. “We see it all the time. Fact of the matter is, electronic devices are a way of life. But when you get in that vehicle, you have to put it down.”

Educating the public on the dangers of distracted driving is something PennDOT already has been doing and will continue to do, said Liz Fabri, safety press officer for PennDOT’s Dunmore-based District 4.

“We’re starting even younger, in the schools with young teenagers, doing distracted driving programs, Fabri said, adding that the department partners with Miller, who has for many years spoken to school groups.

“We’ll go from anywhere from teenagers to senior centers,” Fabri said. “Everyone has a cell phone nowadays. So we’re just really out in the community, working on how to give people tips for not being distracted behind the wheel.”

Kuntch said PennDOT’s safety press officers, such as Fabri, and Community Traffic Safety Projects (CTSP) — programs supported by the Highway Safety Office as part of federal pass-through grants with county governments — deliver educational messaging year-round across the state focused on a variety of topics, including distracted driving.

“Partners work with local high schools and colleges, as well as the general public, to promote and help facilitate educational presentations that raise awareness on the dangers of distracted driving. In addition, PennDOT shares educational messages with the use of graphic images, audio files, and videos,” she added.

PennDOT does currently have information on its website about distracted driving, as Kuntch noted, but Pennsylvania’s broader strategy for communicating the new law to the public is not yet clear.

“Planning efforts are underway to enhance current communication with the public about distracted driving laws and safety related messages. Signage on our highways is not required by law and at this time it is unknown how messages related to the law and safe driving will be shared with motorists on our roadways,” Kuntch said.

Maryland’s approach

Efforts in neighboring states could provide a roadmap to follow, however, and give an insight into how police enforce such laws.

In Maryland, for example, simple and direct highway signs inform motorists that texting and use of hand-held devices are illegal while driving. They are one component of a broader strategy.

“Maryland believes it requires a multifaceted approach to improve highway safety,” said Anna Levendusky, a spokesperson for the Maryland Highway Safety Office. That approach includes engineering, enforcement and education, she said.

According to Maryland State Police:

• The state’s law prohibits the use of a handheld cellphone and texting while driving. First-time offenders caught using a cellphone while driving face a maximum of an $83 fine, second-time offenders a maximum of $140 fine and third-time offenders a maximum of $160 fine.
• Writing, sending or reading a text or electronic message while driving can result in a $70 fine and one point on their driving record. If the use of a device contributes to a crash, serious injury or death, these penalties increase.

In 2023, 217 fatal crashes were attributed to distracted driving in Maryland, Levendusky said. Statistics can be found on the Zero Deaths Maryland webpage, which also includes resources and information for combatting distracted driving.

She also described how police enforce the law out on the roads.

“Most distracted driving violations are sight violations – those that the officer witnesses, similar to how a police officer sees if passengers are buckled or not,” Levendusky said.

“If a crash occurs, the responding officer will ask the occupants a variety of questions, including if they were distracted. If the crash is significant or results in the serious injury or death of someone, phones may be subpoenaed and searched to determine if they were being used at the time of the crash,” she added.