New PA distracted driving law goes into effect Thursday making it illegal to hold phone while driving

Pennsylvania's new distracted driving law, known as Paul Miller's Law, is now in effect, as of Thursday.

The law prohibits as a primary offense any driver from using an interactive mobile device (IMD) while driving a motor vehicle, even while stopped temporarily due to traffic, a red light, or other momentary delay. 

The law is named for Paul Miller, Jr., who was tragically killed in a crash with a tractor trailer in 2010 in Monroe County, PA, as the result of a distracted driver who reached for their phone while driving. Since his death, Paul’s mother Eileen Miller has become a national advocate for stronger laws to curb distracted driving, according to police.

The change is a collaborative effort by Pennsylvania Department of Transportation, Pennsylvania State Police, Pennsylvania Turnpike Commission, and Pennsylvania Insurance Department.

“Nearly 15 years ago, two Dunmore state troopers knocked on my door to tell me that my son was killed,” said Eileen Miller, Paul Miller, Jr.’s mother. “My son did everything right – he was killed by someone else’s unsafe choices behind the wheel. This law is for every family in Pennsylvania that doesn't have to experience two state troopers knocking on their door to tell them that their loved one was killed by distracted driving. Paul Miller’s Law will be a beacon of protection for every driver and passenger in Pennsylvania.”

Paul Miller’s Law will also work to prevent bias in policing by requiring law enforcement to collect data on drivers pulled over during traffic stops, including race, ethnicity, and gender. 

The data will be made publicly available in an annual report. This amendment – which Gov. Josh Shapiro advocated for in conjunction with the Legislative Black Caucus – builds on the Shapiro Administration’s work to ensure Pennsylvanians can have the utmost faith in the law enforcement officers serving and protecting them every day.

As part of his mission to provide a safe transportation system for all Pennsylvanians, Shapiro signed Senate Bill 37 into law on June 5, 2024. 

Pennsylvania already enforces a texting-while-driving ban that prohibits drivers from using mobile devices to send, read, or write text-based communications while their vehicle is in motion. 

Beginning Thursday, law enforcement will begin issuing written warnings for violations for one year; summary citations will be issued to violators beginning June 6, 2026.

“Paul Miller’s Law is about saving lives,” said PennDOT Secretary Mike Carroll. “Your choices behind the wheel can change lives forever. Make the safe choice. Put your phone out of reach and don’t text and drive. One text, one glance down – it could kill someone. And it’s not worth it.”

Under Paul Miller’s Law, drivers can still use their phones to alert emergency responders and, if they are using hands-free technology, to make phone calls, use a GPS, and listen to music, per Shapiro's office.

“The Pennsylvania State Police will enforce the new law to its full extent,” said PSP Commissioner Colonel Christopher Paris. “Distracted driving is not a minor offense. Just one second of inattention can result in irreversible consequences. We urge all drivers to stay focused behind the wheel.”

"Distracted driving is a serious issue that undermines PennDOT and the PA Turnpike’s collective effort to create safe driving experiences for our travelers," said PA Turnpike CEO Mark Compton. "Safety is the driving force of what we do at the Pennsylvania Turnpike, and the Paul Miller Law is a meaningful step towards safer roads for everyone."

“Focusing on the road while driving is one of the best ways to ensure your safety and the safety of those around you,” said Pennsylvania Insurance Commissioner Michael Humphreys. “Safe driving can also help reduce the cost of your insurance as insurers factor your accident and driving history into their ratemaking. We encourage consumers to speak with their insurance provider to learn more about the benefits of safe driving, the discounts they could receive, and how they can start saving today.”

    

According to PennDOT data, in 2024 there were 9,950 crashes involving a distracted driver, resulting in more than 6,000 injuries and 49 fatalities. Distracted driving crash data is believed to be underreported due to many drivers’ reluctance to admit to being distracted at the time of a crash.

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.

Penalties Under this Law

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

• For the first 12 months, the penalty is a written warning.
• Effective June 5, 2026, the penalty is a summary offense with a $50 fine, plus court costs and other fees.
  • 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.

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.

Penalties Under this Law

• The penalty is a summary offense with a $50 fine, plus court costs and other fees.
• The violation carries no points as a penalty and will not be recorded on the driver record for non-commercial drivers. It will be recorded on commercial drivers' records as a non-sanction violation.
  
  The texting ban does NOT include the use of a GPS device, a system or device that is physically or electronically integrated into the vehicle, or a communications device that is affixed to a mass transit vehicle, bus or school bus. The law does not authorize the seizure of an interactive wireless devices.

Distractions are Everywhere

Cell phones are not the only distraction while driving. You will not be able to react as quickly if you are driving distracted. Examples of distractions include:

• Eating, drinking and smoking. These all create safety problems because they often require you to take your hands off the wheel and take your eyes off the road. Drivers who eat or drink while driving have trouble controlling their vehicle, staying in their lane and have to brake more often.
• Adjusting the radio, cassette or CD player.
• Talking, texting or emailing on a cellphone or smartphone.
• Interacting with other passengers. This is particularly a problem for novice or teenage drivers. If you are a teen driver with other teens as passengers, statistics show you are more likely to have a crash than if you are driving alone or are driving with adult passengers.
• Searching for or moving an object in the vehicle.
• Reading or writing.
• Personal grooming (combing hair, applying makeup)
• Rubbernecking when passing a crash scene or a work zone.