Pennsylvania’s New Distracted Driving Law: What Drivers and Lawyers Need to Know About Paul Miller’s Law

Introduction

On June 5, 2024, Governor Josh Shapiro signed into law Senate Bill 37, now widely known as Paul Miller’s Law, enacting a sweeping ban on the use of handheld electronic devices while driving in Pennsylvania. This significant shift in motor vehicle law takes full effect on June 5, 2025, and will reshape both driver behavior and traffic enforcement across the Commonwealth. As attorneys advising clients on traffic infractions, criminal exposure, insurance implications, and civil liability, it is imperative to understand the nuances of this new law.

 

Background and Legislative Intent

Named in memory of 21-year-old Paul Miller Jr., who was killed in 2010 by a distracted driver in Monroe County, the law is the culmination of over a decade of advocacy by his mother, Eileen Miller, and other public safety proponents. The law reflects national trends: with over 11,000 distracted driving crashes in Pennsylvania in 2023 alone, the Commonwealth joins 28 other states in adopting a hands-free standard.

 

Core Prohibitions Under Paul Miller’s Law

Effective June 5, 2025, it will be a primary offense to operate a vehicle on a public roadway in Pennsylvania while using a handheld interactive mobile device. This includes:

• Holding a device in one’s hand or supporting it with the body;

• Manually dialing, texting, emailing, or browsing;

• Using apps, games, camera functions, or social media;

• Reaching for a device in a way that removes the driver from a properly restrained driving position.

The ban applies even when the vehicle is stopped temporarily due to traffic or lights, closing a key loophole that existed under prior law.

 

What Devices and Behaviors Are Covered?

The statute broadly defines “interactive mobile devices” to include:

• Smartphones

• Personal digital assistants (PDAs)

• Tablets

• Mobile computers

• Any device capable of text messaging, voice calling, gaming, photo/video transmission, or internet browsing

Notably, drivers are permitted to use GPS or navigation devices that are built into the vehicle or mounted in a hands-free cradle.

 

Exceptions and Lawful Use

There are narrowly tailored exceptions under the statute, including:

• Use of the device when the vehicle is lawfully parked outside traffic lanes;

• Use to contact emergency services;

• Use by commercial drivers and school bus operators via permanently affixed or integrated communication equipment;

• Use of single-touch or voice-activated features.

 

Enforcement and Penalties

To encourage compliance and public awareness, the law includes a 12-month warning period:

• June 5, 2025 – June 4, 2026: Law enforcement will issue written warnings.

• After June 5, 2026: Violation is a summary offense, carrying a $50 fine, plus court costs.

No points are assessed against the license of non-commercial drivers, and the offense does not appear on driving records. For commercial drivers, however, it is recorded as a non-sanction violation.

Importantly, if a distracted driver is convicted of homicide by vehicle, and the Commonwealth proves the driver was using a device in violation of the statute, the penalty may include an additional five years of incarceration under enhanced sentencing provisions.

 

Data Collection and Racial Profiling Protections

In a nod to concerns about biased traffic enforcement, the law mandates transparency in traffic stop data collection. Law enforcement agencies must track:

• Race

• Ethnicity

• Gender

• Age of the driver

The data will be publicly reported annually to monitor for potential disparities in enforcement practices, making this one of the few distracted driving laws nationally to include such a provision.

 

Practical Implications for Pennsylvania Attorneys

Attorneys practicing in criminal defense, traffic law, civil litigation, and insurance defense should familiarize themselves with the evidentiary burdens involved in proving device use. Body-worn camera footage, cell phone records, and driver admissions may all become common in enforcement and litigation. The statute's precise definitions of "use" and "device" will also be critical in suppression hearings and motion practice.

For personal injury litigators, Paul Miller’s Law provides new grounds for arguing negligence per se or punitive damages where a distracted driver causes harm. Likewise, compliance policies for commercial transportation clientswill require updating.

 

Conclusion

Paul Miller’s Law represents a transformative step in Pennsylvania’s approach to roadway safety and distracted driving enforcement. As legal professionals, staying ahead of these legislative changes ensures our clients are protected—whether they’re fighting a ticket, defending a criminal charge, or pursuing damages from a distracted driver.

 

About the Author

Ryan Mergl is a former prosecutor and veteran trial lawyer with nearly 20 years of experience practicing law across Pennsylvania and in U.S. Federal Courts. He represents clients in criminal, injury, and business matters. He has been recognized as a Super Lawyers Rising Star, one of Pennsylvania’s Top 100 Criminal Defense Attorneys, and a former “40 Under 40” honoree by Pittsburgh Magazine. Outside the courtroom, Mergl is a nationally certified Pro Board firefighter with over 20 years of service, trained in interior firefighting, hazmat response, search and rescue diving, and incident command.