BILL ANALYSIS Ó
AB 1536
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ASSEMBLY THIRD READING
AB 1536 (Miller)
As Introduced January 24, 2012
Majority vote
TRANSPORTATION 11-0
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|Ayes:|Bonnie Lowenthal, | | |
| |Achadjian, Blumenfield, | | |
| |Bonilla, Buchanan, Eng, | | |
| |Galgiani, Miller, Norby, | | |
| |Portantino, Solorio | | |
| | | | |
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SUMMARY : Authorizes the use of voice-operated devices to send
and receive text messages while driving. Specifically, this
bill :
1)Authorizes the use of voice-operated, hands-free texting
devices while driving.
2)Exempts activating or deactivating a function or feature on a
voice-operated, hands-free texting device from the prohibition
of texting while driving.
EXISTING LAW :
1)Prohibits, with certain exceptions, engaging in text-based
communications (e.g., text messages, instant messages, or
e-mail messages) while driving.
2)Establishes a base fine of $20 for an initial offense of
texting while driving and a $50 fine for each subsequent
offense.
3)Specifies that this violation is a primary offense such that a
law enforcement officer may stop a driver if there is cause to
believe the driver is in violation.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : The author introduced this bill to modernize the
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statute regarding sending or receiving text-based communications
to allow for the use of voice-activated, hands-free devices that
were not available when the original measure prohibiting texting
while driving was passed.
Many hands-free devices now incorporate speech recognition
technology that allows spoken words to be translated into text
and vice versa. This technology effectively allows text
messaging in a form nearly identical to voice calls. This bill
would clarify that text messaging in this form is not a
violation of existing law.
This bill also specifies that the act of activating or
deactivating a function on an electronic wireless communication
device is not a violation of the prohibition against texting.
Although evolving technology may soon render this provision
obsolete, the predominant technology in use now typically
requires that the driver physically touch a speaker phone or
other wireless communication device (e.g., Bluetooth speaker) to
initiate or end contact with the other party. Technically, this
activity is in violation of existing law (although there have
been no verified citations written for this specific activity).
Although this bill is meant to modernize existing law as it
relates to the use of recent voice-operated text-based
communication technology, it is important to point out that a
growing body of evidence suggests that drivers lose substantial
cognitive awareness when they are concentrating on phone
conversations, whether or not the motorist is using a hands-free
system. While the sponsor cites that the National Highway
Traffic Safety Administration (NHTSA) has tacitly endorsed voice
communication as a safe way to keep a driver's hands on the
wheel and eyes on the road, in fact, NHTSA has recently
indicated that that cell phone communication while driving,
whether it is hands-free or hand-held, degrades a driver's
performance and NHTSA now recommends that drivers refrain from
using cell phones while driving. Despite the fact that
voice-operated, hands-free text based communications are not
directly addressed in NHTSA's recent findings, it stands to
reason that such communications would be equally distracting to
a driver.
Voice-activated texting is arguably equivalent to hands-free
calling, an activity that is legal under California law.
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Explicitly legalizing this activity could afford yet another
opportunity for drivers to engage in behaviors that would appear
to be detrimental to safe vehicular operations.
In rebuttal to this concern, the sponsor, Alliance of Automobile
Manufacturers, points out the general public have overwhelmingly
demonstrated its desire to maintain communication while driving.
Without this bill, most motorists will technically violate the
law every time they activate a wireless speaker or worse, if
they engage in regular text messaging. Therefore, the sponsor
argues, this bill simply provides an alternative for drivers to
safely maintain hands-free communication, within parameters of
existing law.
Related legislation: SB 1310 (Simitian) requires the Department
of Motor Vehicles to test a driver's license applicant on their
understanding of the distractions and dangers of handheld cell
phone use and text messaging and addresses increased fines and
penalties for violating electronic wireless communication
prohibitions. That bill has passed out of the Senate
Transportation and Housing Committee and is currently being
heard in the Senate Appropriations Committee.
Previous legislation: SB 28 (Simitian), Chapter 270, Statutes
of 2008, banned the use of text messaging devices by drivers.
SB 1475 (Simitian) of 2010, would have increased the penalties
for using cell phones or texting while driving a motor vehicle,
and prohibits the use of handheld cell phones for conversing or
for texting while riding a bicycle. That bill died in the
Assembly Appropriations Committee.
SB 28 (Simitian) of 2011, would have increased the fine for cell
phone use and text messaging while driving and extended these
bans to bicycling. That bill was vetoed by Governor Brown who
stated he did not support ratcheting up the penalties since, for
people of ordinary means, current fines and penalty assessments
should be a sufficient deterrent.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093
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FN: 0003362