PA’s Paul Miller Law Bans The Use of Hand Held Devices While Driving or Stopped at a Traffic Light

In 2010, while reaching for his cell phone, a tractor-trailer driver struck and killed Paul Miller. In 2023, there were 11,262 crashes involving distracted driving.

Pennsylvania’s Paul Miller law will go into effect on June 5, 2025. This legislation was passed in an effort to dissuade drivers from using their cell phones while driving. This legislation will undoubtedly increase the number of traffic stops in Pennsylvania, and corresponding arrests as a result, particularly for those driving older vehicles without hands-free technology.

Paul Miller Law Defined

PA’s Paul Miller law is codified at Title 75 Section 3316.1 of the PA Motor Vehicle Code. It provides that no driver shall use an interactive mobile device while driving a motor vehicle. Use of an interactive mobile device includes:

Using one hand to hold or support 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 in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position or restrained by a seat belt.

Driving is defined as operating a motor vehicle on a highway, including while the vehicle is stopped at a traffic light. Driving does not include scenarios where a driver has parked his or her vehicle on the side of a highway. A highway is the entire width between boundary lines of every way (road) when any part is open for vehicular travel.

There is one exception to this general rule: drivers may use an interactive mobile device if necessary to communicate with law enforcement or emergency services to prevent injury to persons or property.

What is an Interactive Mobile Device?

An Interactive Mobile Device is a handheld wireless telephone, personal digital assistant, smart phone, portable or mobile computer, or similar device which can be used for making phone calls, texting, emailing, messaging, recording, browsing the internet or using social media.

Certain internal vehicle electronics are exempted from this term, which include:

GPS/Navigation Devices which are used solely for this purpose;
Device being used in a hands-free manner or with a hands-free accessory or system, including one physically or electronically integrated into the vehicle;
Other devices used by school bus drivers, emergency service responders, commercial drivers and radio users licensed by the FCC.

What are the penalties for a violation of the Paul Miller Law?

From June 5, 2025 through June 5, 2026, violators will receive a warning. From June 5, 2026 onward, anyone cited with a summary violation of the Paul Miller Law will be fined up to $50 plus court costs. This violation carries no points and will not be recorded on the driving record of non-commercial drivers. Commercial drivers will receive a non-sanction violation on their driving records.

Most significantly, anyone convicted of Homicide by Vehicle who is also convicted of violating the Paul Miller Law can be sentenced up to an additional 5 years in prison.

Traffic Stops for Violation of Paul Miller Law

Any driver who touches his/her phone, or appears to be touching his or her phone, may be stopped by police. Police officers do not need to be 100% certain that you are breaking the law to pull you over. To conduct a traffic stop, police officers need reasonable suspicion to believe you are violating some provision of the vehicle code if further investigation is warranted, or probable cause to believe you violated some provision of the vehicle code if no further investigation is warranted.

Under this framework, we envision any numbers of scenarios where a person is stopped without actually violating the law: holding an object that looks like a phone, diverting your gaze downward towards your hands, bending over to locate an object other than your cell phone.

Practical Advice for Avoiding Violations of Paul Miller Law

We offer the following advice for drivers moving forward:

Do not touch your cell phone at all when you are driving your vehicle, or are stopped at a traffic light. If you must use your phone, pull off onto the berm of a road with your flashers on while using the phone;
Use a cell phone mounting device in your vehicle, preferably in location that is at least eye level;
Utilize your vehicle’s hands-free system for making phone calls and for GPS navigation;
If your phone falls to the ground during operation, pull off the road and park before searching for your phone;
If your vehicle is not equipped with a hands-free system, use a GPS only device affixed to the dashboard of your vehicle; and
Place your cell phone in “driving mode” and enable auto-replies to text messages to inform others that you are driving, and will respond when it is safe to do so.

Facing Criminal or Additional Traffic Offenses After Violating PA’s Paul Miller Law? The Zuckerman Law Firm can help.

If you are stopped for using your cell phone while driving, and police develop probable cause to believe you’ve committed a crime, you may be charged with crimes as a result. Furthermore, those involved in distracted driving accidents may face more serious traffic offenses, such as Reckless Driving. If you are facing charges related to your use of a cell phone while driving, please call the Zuckerman Law Firm at 412-447-5580 for a free consultation.