BILL NUMBER: AB 2785	CHAPTERED  09/14/04

	CHAPTER  505
	FILED WITH SECRETARY OF STATE  SEPTEMBER 14, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2004
	PASSED THE SENATE  AUGUST 18, 2004
	PASSED THE ASSEMBLY  MAY 17, 2004
	AMENDED IN ASSEMBLY  APRIL 15, 2004

INTRODUCED BY   Assembly Member Nakano

                        FEBRUARY 20, 2004

   An act to add Section 23125 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2785, Nakano.  Vehicles:  wireless telephones.
   Under existing law, motor vehicle operation is closely regulated,
and drivers must follow many legal requirements or face criminal
sanction.  Aside from a provision making it unlawful to rent out a
vehicle with cellular radio telephone equipment unless the renter
provides instructions on the safe use of the equipment, there is no
specific limitation in existing law on the placement or use of
wireless telephones in motor vehicles.
   This bill would make it an infraction to drive a schoolbus or a
transit vehicle, as those terms are defined, while using a wireless
telephone.  The bill would provide that this prohibition does not
apply to a driver who is using the wireless telephone for
work-related purposes, or for emergency purposes, including, but not
limited to, an emergency call to a law enforcement agency, health
care provider, fire department, or other emergency service agency or
entity.  The bill would specify that a violation of this new offense
does not constitute a serious traffic violation for purposes of the
commercial motor vehicle safety program.
   By creating a new infraction, this bill would impose a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 23125 is added to the Vehicle Code, to read:
   23125.  (a) A person may not drive a schoolbus or transit vehicle,
as defined in subdivision (g) of Section 99247 of the Public
Utilities Code, while using a wireless telephone.
   (b) This section does not apply to a driver using a wireless
telephone for work-related purposes, or for emergency purposes,
including, but not limited to, an emergency call to a law enforcement
agency, health care provider, fire department, or other emergency
service agency or entity.
   (c) Notwithstanding any other provision of law, a violation of
subdivision (a) does not constitute a serious traffic violation
within the meaning of subdivision (i) of Section 15210.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.