An Ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic Code," to restrict the use of hand-held mobile telephones while driving, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 12 of The Philadelphia Code, entitled “Traffic Code,” is amended to read as follows:

TITLE 12. TRAFFIC CODE

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Chapter 12-1100. Miscellaneous Regulations and Penalties

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§12-1131. Use of Hand-held Mobile Telephones While Operating Motor Vehicles.

(1) Definitions. The following definitions apply to this Section:

(a) Mobile Telephone. Any cellular, analog, wireless, or digital telephone.

(b) Park position. For an automatic transmission vehicle, placing that vehicle in the Park gear. For a standard transmission vehicle, placing that vehicle in neutral gear while engaging the brake.

(2) No person shall operate a motor vehicle on any street or highway while using a hand-held mobile telephone to dial, answer, talk and/or listen.

(3) Subsection (2) of this section shall not apply to a person who is using the mobile telephone;

(a) to contact police, fire, or other emergency rescue service in the event of an emergency, including dialing “911”; or

(b) while the vehicle is in parked position and not located in a lane of traffic; or

(c) as a member of law enforcement or any other emergency rescue department when on duty and acting in an official capacity.

(4) Any person violating the provisions of this Section shall, upon summary conviction before a magistrate, pay a fine of one hundred (100) dollars together with costs of prosecution.

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Explanation:

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