BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 28
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: Simitian
VERSION: 8/4/08
Analysis by: Tracey Hurd-Parker
FISCAL:yes
Hearing date: August 19, 2008
SUBJECT:
Vehicles: electronic wireless communications
DESCRIPTION:
This bill prohibits a person from writing, sending, or reading
text-based communications while operating a motor vehicle.
ANALYSIS:
Existing law prohibits any person from operating a motor vehicle
while using a wireless telephone, unless that telephone is
designed and configured to allow hands-free listening and
talking, and is used in that manner while driving. This
prohibition does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to,
an emergency call to a law enforcement agency, health care
provider, fire department, or other emergency services agency or
entity.
Existing law prohibits drivers who are under the age of 18 from
using a wireless telephone or other mobile service device even
if used in a hands-free manner while operating a motor vehicle.
This includes talking, writing, sending, reading or using the
internet, or any other function such a device may enable.
This bill :
Prohibits a driver from using an electronic wireless
communications device to write, send or read a text-based
communication.
Makes a violation an infraction and subjects a violator
SB 28 (SIMITIAN) Page 2
to a base fine of $20 for a first offense and $50 for each
subsequent offense, but specifies these offenses do not
result in a violation point being added to the person's
driving record.
Exempts an emergency services professional while driving
an authorized emergency vehicle from this prohibition.
COMMENTS:
1. Purpose . SB 1613 (Simitian) Chapter 290, Statutes of
2006, which took effect on July 1, 2008, makes it an
infraction for any person to drive a motor vehicle while
using a wireless telephone, unless that telephone is
designed and configured to allow hands-free listening and
talking, and is used in that manner while driving. By
prohibiting a person from driving a motor vehicle while
using an electronic wireless communications device to
write, send, or read a text-based communication, this bill
goes one step further.
"Text-based communications" include, but are not limited
to, text messages, instant messages, or electronic mail
messages. This prohibition does not apply if the person
reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose
of making a telephone call.
The author argues that common sense tells us that text
messaging or "texting" while driving is dangerous. Texting
is a distraction. When combined with driving, it creates a
hazard to both oneself and the public as a whole.
2. Other distractions . While this bill addresses an
additional form of distracted driving, there are many more
distractions that remain unregulated, including applying
make-up, eating, reading, or shaving. These distractions
may cause drivers to take their eyes off of the road and
their hands off of the wheel, potentially resulting in
automobile accidents. The committee may wish to consider
whether other distractions should be similarly regulated.
3. Internet usage . Wireless communications devices are
increasingly capable of providing access to the internet.
Under this bill, a driver would be prohibited from sending
a text message, but could use a hand-held device to surf
SB 28 (SIMITIAN) Page 3
the internet, a practice which may be as distracting as
text messaging, if not more so. Furthermore, allowing for
internet usage may make it difficult for law enforcement
officers to determine whether or not a driver is in fact
violating the prohibition against texting or simply using
the internet.
4. Provisional licenses already subject to this provision .
SB 33 (Simitian), Chapter 214, Statutes of 2007, states
that provisional driver's license holders may not use cell
phones at all while driving, nor may they use the various
mobile communications devices capable of "text-messaging."
This bill, SB 28, essentially extends the teen ban on text
messaging to all drivers, regardless of age, and subjects
them to the same penalty (base fines of $20 for the first
offense and $50 for subsequent offenses; $76 and $190
respectively with penalties and other add-ons) that applies
to the use of hand-held cell phones. The existing teen ban
on text-messaging, refers to "mobile service devices" while
this bill uses the term "electronic wireless communications
devices." It is thought that the former term is more
inclusive and would cover such items as citizens band
radios (i.e., "CB's") and GPS devices.
5. History of the bill . When this bill passed the Senate
last year, it was related to the Department of Motor
Vehicles (DMV) issuing drivers' licenses or identification
cards with radio frequency identification (RFID)
technology, which uses radio waves to transmit personal
information. The bill was gutted and amended into its
present form on August 4, 2008. The bill, in its current
form, was heard in the Assembly Transportation Committee
and the Assembly Appropriations Committee.
Assembly Votes:
Floor: 52 - 24
Appr: 12 - 4
Trans: 9 - 2
POSITIONS: (Communicated to the Committee before noon on
Monday, August 18, 2008)
SUPPORT: AAA California State Automobile Association &
Automobile Club
Southern California
Allied Driving School
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Association of California Insurance Companies
ACIC
AT&T
California Bicycle Coalition
California Chiropractic Association
Center for Auto Safety
Consumers for Auto Reliability and Safety (CARS)
CTIA - The Wireless Association
Health Net
Liberty Mutual
Motorola
National Traffic Safety Institute (NTSI)
Nationwide Insurance
Personal Insurance Federation of California
(PIFC)
San Diego County Bicycle Coalition
Silicon Valley Bicycle Coalition
State Farm
T-Mobile
Verizon Wireless
OPPOSED: None received.