BILL NUMBER: SB 28 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 15, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN ASSEMBLY JULY 7, 2011
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE APRIL 7, 2011
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Simitian
(Coauthor: Senator Alquist)
DECEMBER 6, 2010
An act to amend Sections 12804.9, 12810.3, 23123, 23123.5, and
23124 of, and to add Sections 21213, 21213.5, 21214, and 23124.5 to,
the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 28, Simitian. Vehicles: electronic wireless communications
devices: prohibitions.
(1) Existing law requires the Department of Motor Vehicles to
examine applicants for specific driver's licenses and requires that
the examination include, among other things, a test of the applicant'
s knowledge and understanding of the provisions of the Vehicle Code
governing the operation of vehicles upon the highways.
This bill would require the department to include a test of the
applicant's understanding of the distractions and dangers of handheld
cell phone use and text messaging while operating a motor vehicle.
(2) Existing law establishes that specified convictions and
violations under the Vehicle Code and traffic-related incidents count
as points against a driver's record for purposes of the suspension
or revocation of the privilege to drive.
Under existing law, it is 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
operation, and is used in that manner while driving, except as
otherwise provided. A person under 18 years of age is prohibited from
driving a motor vehicle while using a wireless telephone, even if
equipped with a hands-free device, or while using a mobile service
device. A point is not given for a violation of these provisions.
This bill would assess a violation point on a 2nd or subsequent
violation of these provisions.
(3) Under existing law, a person is prohibited from driving a
motor vehicle while using an electronic wireless communications
device to write, send, or read a text-based communication, except as
specified.
This bill would require that this provision does not apply if the
electronic wireless communications device is specifically designed
and configured to allow voice-operated and hands-free operation to
write, send, or read a text-based communication, and it is used in
that manner while driving.
The bill also would increase the base fines for a violation of any
of the above-described prohibitions involving driving a motor
vehicle while using a wireless telephone or electronic wireless
communications device from $20 to $50 and the fine for a 2nd or
subsequent offense from $50 to $100, would apply similar prohibitions
to a person riding a bicycle, would impose a total fine of $20 for a
first offense and $50 for each subsequent offense for a violation
when the offense is committed while riding a bicycle, and would
provide that a violation point is not given for a conviction of a
violation while riding a bicycle. By expanding the scope of existing
crimes, the bill would impose a state-mandated local program.
(4) Existing law prohibits a law enforcement officer from stopping
a vehicle for the sole purpose of determining whether the driver is
violating the prohibition of driving a motor vehicle while using a
wireless telephone.
This bill would delete that prohibition.
(5) Existing law requires that the base fines collected from
violations of the Vehicle Code for crimes other than parking offenses
are subject to distribution to specified funds of a state or local
agency as set forth by statute or to the proper funds of a city or
county, as applicable.
This bill would require the county treasurer to submit $10 from
each fine collected under this provision for violating the
above-described prohibitions involving driving a motor vehicle while
using a wireless telephone or electronic wireless communications
device to the Controller, for deposit into the Distracted Driver
Education Fund, which would be created in the State Treasury for an
education program on the dangers of cell phone use and text messaging
while driving, thereby imposing a state-mandated local program by
imposing a new duty on local officials. The bill would require the
Legislature, upon appropriation in the Budget Bill, to allocate this
money to the Office of Traffic Safety in the Business, Transportation
and Housing Agency for this purpose.
The bill would authorize the county treasurer to also withhold a
sufficient amount from each fine collected for violations involving
riding a bicycle while using a wireless telephone or electronic
wireless communications device to reimburse the courts in the county
for their actual, reasonable, and necessary costs associated with
processing violations under the law involving those prohibitions.
(6) This bill would incorporate changes to Section 12804.9 of the
Vehicle Code proposed by both this bill and AB 82, which would become
operative only if both bills are enacted and become effective on or
before January 1, 2012, but AB 82 becomes operative first, and this
bill is enacted after AB 82.
(7) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12804.9 of the Vehicle Code is amended to read:
12804.9. (a) (1) The examination shall include all of the
following:
(A) A test of the applicant's knowledge and understanding of the
provisions of this code governing the operation of vehicles upon the
highways.
(B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
(D) A test of the applicant's understanding of the distractions
and dangers of handheld cell phone use and text messaging while
operating a motor vehicle.
(E) An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type of
motor vehicle or combination of vehicles he or she desires a license
to drive, except that the department may waive the driving test part
of the examination for any applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through any acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. The examining officer may request to see evidence of
financial responsibility for the vehicle prior to supervising the
demonstration of the applicant's ability to operate the vehicle. The
examining officer may refuse to examine an applicant who is unable to
provide proof of financial responsibility for the vehicle, unless
proof of financial responsibility is not required by this code.
(F) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant's
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.
(2) The examination for a class A or class B driver's license
under subdivision (b) shall also include a report of a medical
examination of the applicant given not more than two years prior to
the date of the application by a health care professional. As used in
this paragraph, "health care professional" means a person who is
licensed, certified, or registered in accordance with applicable
state laws and regulations to practice medicine and perform physical
examinations in the United States. Health care professionals are
doctors of medicine, doctors of osteopathy, physician assistants, and
registered advanced practice nurses, or doctors of chiropractic who
are clinically competent to perform the medical examination presently
required of motor carrier drivers by the federal Department of
Transportation. The report shall be on a form approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration. In establishing the requirements,
consideration may be given to the standards presently required of
motor carrier drivers by the Federal Highway Administration.
(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability shall
not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, an applicant
for a driver's license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:
(1) Class A includes the following:
(A) A combination of vehicles, if a vehicle being towed has a
gross vehicle weight rating of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a
single vehicle with a gross vehicle weight rating of more than 26,000
pounds.
(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
(C) A bus except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle with
a gross vehicle weight rating of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a trailer
or semitrailer with a gross vehicle weight rating of 10,000 pounds
or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing
4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle shall not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing either a trailer coach or a fifth-wheel travel trailer
not exceeding 10,000 pounds gross vehicle weight rating, when the
towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when
towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not
exceeding 15,000 pounds, gross vehicle weight rating, when the
towing of the trailer is not for compensation, and if the person has
passed a specialized written examination provided by the department
relating to the knowledge of this code and other safety aspects
governing the towing of recreational vehicles upon the highway.
(iii) The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license upon
completion of that written examination.
(G) A vehicle or combination of vehicles with a gross combination
weight rating or a gross vehicle weight rating, as those terms are
defined in subdivisions (j) and (k), respectively, of Section 15210,
of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.
(ii) Is used exclusively in the conduct of agricultural
operations.
(iii) Is not used in the capacity of a for-hire carrier or for
compensation.
(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant to
Section 12804.11.
(I) A motorized scooter.
(J) Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination.
(5) (A) Class M2 includes the following:
(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.
(ii) A motorized scooter.
(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination, except that no endorsement is required
for a motorized scooter. Persons holding a class M1 license or
endorsement may operate vehicles included in class M2 without further
examination.
(c) A driver's license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision (b)
of Section 15210, any other motor vehicle defined in paragraph (1) or
(2) of subdivision (b), or any other vehicle requiring a driver to
hold any driver certificate or any driver's license endorsement under
Section 15275, unless a medical certificate approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration, that has been issued within two years of the
date of the operation of that vehicle, is within the licensee's
immediate possession, and a copy of the medical examination report
from which the certificate was issued is on file with the department.
Otherwise, the license is valid only for operating class C vehicles
that are not commercial vehicles, as defined in subdivision (b) of
Section 15210, and for operating class M1 or M2 vehicles, if so
endorsed, that are not commercial vehicles, as defined in subdivision
(b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate the
class or type of vehicles specified under the law in existence prior
to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled.
(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a
driving test, on class A or B applications, if the applicant has
first qualified for a class C license and has met the other
examination requirements for the license for which he or she is
applying. The certificate may be submitted as evidence of the
applicant's skill in the operation of the types of equipment covered
by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu
of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for which
he or she is applying.
(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved by the
commissioner pursuant to Section 2932 in lieu of a driving test on
class M1 or M2 applications, if the applicant has met the other
examination requirements for the license for which he or she is
applying. The department shall review and approve the written and
driving test used by a program to determine whether the program may
issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid
California driver's license of any class may operate a short-term
rental motorized bicycle without taking any special examination for
the operation of a motorized bicycle, and without having a class M2
endorsement on that license. As used in this subdivision, "short-term"
means 48 hours or less.
(i) A person under 21 years of age shall not be issued a class M1
or M2 license or endorsement unless he or she provides evidence
satisfactory to the department of completion of a motorcycle safety
training program that is operated pursuant to Article 2 (commencing
with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination required
for a class B license when operating vanpool vehicles. In order to be
eligible to drive the vanpool vehicle, the driver shall keep in the
vanpool vehicle a statement, signed under penalty of perjury, that he
or she has not been convicted of reckless driving, drunk driving, or
a hit-and-run offense in the last five years.
SEC. 1.5. Section 12804.9 of the Vehicle Code is amended to read:
12804.9. (a) (1) The examination shall include all of the
following:
(A) A test of the applicant's knowledge and understanding of the
provisions of this code governing the operation of vehicles upon the
highways.
(B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
(D) A test of the applicant's understanding of the distractions
and dangers of handheld cell phone use and text messaging while
operating a motor vehicle.
(E) An actual demonstration of the applicant's ability to
exercise ordinary and reasonable control in operating a motor vehicle
by driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type of
motor vehicle or combination of vehicles he or she desires a license
to drive, except that the department may waive the driving test part
of the examination for any applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through any acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. The examining officer may request to see evidence of
financial responsibility for the vehicle prior to supervising the
demonstration of the applicant's ability to operate the vehicle. The
examining officer may refuse to examine an applicant who is unable to
provide proof of financial responsibility for the vehicle, unless
proof of financial responsibility is not required by this code.
(F) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant's
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.
(2) The examination for a class A or class B driver's license
under subdivision (b) shall also include a report of a medical
examination of the applicant given not more than two years prior to
the date of the application by a health care professional. As used in
this paragraph, "health care professional" means a person who is
licensed, certified, or registered in accordance with applicable
state laws and regulations to practice medicine and perform physical
examinations in the United States. Health care professionals are
doctors of medicine, doctors of osteopathy, physician assistants, and
registered advanced practice nurses, or doctors of chiropractic who
are clinically competent to perform the medical examination presently
required of motor carrier drivers by the federal Department of
Transportation. The report shall be on a form approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration. In establishing the requirements,
consideration may be given to the standards presently required of
motor carrier drivers by the Federal Highway Administration.
(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability shall
not prevent the issuance of a license to the applicant.
(b) In accordance with the following classifications, an applicant
for a driver's license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:
(1) Class A includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a
combination of vehicles, if a vehicle being towed has a gross vehicle
weight rating of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a
single vehicle with a gross vehicle weight rating of more than 26,000
pounds.
(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
(C) A bus except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle
weight rating of more than 26,000 pounds towing another vehicle with
a gross vehicle weight rating of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating of
26,000 pounds or less, including when the vehicle is towing a trailer
or semitrailer with a gross vehicle weight rating of 10,000 pounds
or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing
4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle shall not tow another vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing either a trailer coach or a fifth-wheel travel trailer
not exceeding 10,000 pounds gross vehicle weight rating, when the
towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when
towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not
exceeding 15,000 pounds, gross vehicle weight rating, when the
towing of the trailer is not for compensation, and if the person has
passed a specialized written examination provided by the department
relating to the knowledge of this code and other safety aspects
governing the towing of recreational vehicles upon the highway.
(iii) The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license upon
completion of that written examination.
(G) A vehicle or combination of vehicles with a gross combination
weight rating or a gross vehicle weight rating, as those terms are
defined in subdivisions (j) and (k), respectively, of Section 15210,
of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.
(ii) Is used exclusively in the conduct of agricultural
operations.
(iii) Is not used in the capacity of a for-hire carrier or for
compensation.
(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant to
Section 12804.11.
(I) A motorized scooter.
(J) Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.
(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination.
(5) (A) Class M2 includes the following:
(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.
(ii) A motorized scooter.
(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination, except that no endorsement is required
for a motorized scooter. Persons holding a class M1 license or
endorsement may operate vehicles included in class M2 without further
examination.
(c) A driver's license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision (b)
of Section 15210, any other motor vehicle defined in paragraph (1) or
(2) of subdivision (b), or any other vehicle requiring a driver to
hold any driver certificate or any driver's license endorsement under
Section 15275, unless a medical certificate approved by the
department, the federal Department of Transportation, or the Federal
Aviation Administration, that has been issued within two years of the
date of the operation of that vehicle, is within the licensee's
immediate possession, and a copy of the medical examination report
from which the certificate was issued is on file with the department.
Otherwise, the license is valid only for operating class C vehicles
that are not commercial vehicles, as defined in subdivision (b) of
Section 15210, and for operating class M1 or M2 vehicles, if so
endorsed, that are not commercial vehicles, as defined in subdivision
(b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate the
class or type of vehicles specified under the law in existence prior
to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled.
(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a
driving test, on class A or B applications, if the applicant has
first qualified for a class C license and has met the other
examination requirements for the license for which he or she is
applying. The certificate may be submitted as evidence of the
applicant's skill in the operation of the types of equipment covered
by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu
of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for which
he or she is applying.
(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved by the
commissioner pursuant to Section 2932 in lieu of a driving test on
class M1 or M2 applications, if the applicant has met the other
examination requirements for the license for which he or she is
applying. The department shall review and approve the written and
driving test used by a program to determine whether the program may
issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid
California driver's license of any class may operate a short-term
rental motorized bicycle without taking any special examination for
the operation of a motorized bicycle, and without having a class M2
endorsement on that license. As used in this subdivision, "short-term"
means 48 hours or less.
(i) A person under 21 years of age shall not be issued a class M1
or M2 license or endorsement unless he or she provides evidence
satisfactory to the department of completion of a motorcycle safety
training program that is operated pursuant to Article 2 (commencing
with Section 2930) of Chapter 5 of Division 2.
(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination required
for a class B license when operating vanpool vehicles. In order to be
eligible to drive the vanpool vehicle, the driver shall keep in the
vanpool vehicle a statement, signed under penalty of perjury, that he
or she has not been convicted of reckless driving, drunk driving, or
a hit-and-run offense in the last five years.
SEC. 2. Section 12810.3 of the Vehicle Code is amended to read:
12810.3. Notwithstanding subdivision (f) of Section 12810, a
violation point shall only be given for a second or subsequent
conviction of a violation of subdivision (a) of Section 23123,
subdivision (a) of Section 23123.5, or subdivision (b) of Section
23124.
SEC. 3. Section 21213 is added to the Vehicle Code, to read:
21213. (a) A person shall not ride a bicycle while using a
wireless telephone unless that telephone is specifically designed and
configured to allow hands-free listening and talking, and is used in
that manner while riding the bicycle.
(b) A violation of subdivision (a) is an infraction punishable by
a total fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense. The fines imposed for a
first or subsequent offense shall be the total amount collected and,
notwithstanding any other law, other penalties, assessments,
surcharges, fees, or any other charge shall not be imposed.
(c) This section 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.
(d) This section does not apply to a person while riding a bicycle
on private property.
SEC. 4. Section 21213.5 is added to the Vehicle Code, to read:
21213.5. (a) A person shall not ride a bicycle while using an
electronic wireless communications device to write, send, or read a
text-based communication.
(b) As used in this section, "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
(c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call.
(d) A violation of subdivision (a) is an infraction punishable by
a total fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense. The fines imposed for a
first or subsequent offense shall be the total amount collected and,
notwithstanding any other law, other penalties, assessments,
surcharges, fees, or any other charge shall not be imposed.
(e) This section does not apply to a person while riding a
bicycle on private property.
SEC. 5. Section 21214 is added to the Vehicle Code, to read:
21214. A violation of Section 21213 or 21213.5 shall not result
in a violation point count.
SEC. 6. Section 23123 of the Vehicle Code is amended to read:
23123. (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed
and configured to allow hands-free listening and talking, and is used
in that manner while driving.
(b) A violation of subdivision (a) is an infraction punishable by
a base fine of fifty dollars ($50) for a first offense and one
hundred dollars ($100) for each subsequent offense.
(c) This section 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.
(d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor
vehicle on private property.
SEC. 7. Section 23123.5 of the Vehicle Code is amended to read:
23123.5. (a) A person shall not drive a motor vehicle while using
an electronic wireless communications device to write, send, or read
a text-based communication, unless the electronic wireless
communications device is specifically designed and configured to
allow voice-operated and hands-free operation to write, send, or read
a text-based communication, and it is used in that manner while
driving.
(b) As used in this section, "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
(c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call.
(d) A violation of subdivision (a) is an infraction punishable by
a base fine of fifty dollars ($50) for a first offense and one
hundred dollars ($100) for each subsequent offense.
(e) This section does not apply to an emergency services
professional using an electronic wireless communications device while
operating an authorized emergency vehicle, as defined in Section
165, in the course and scope of his or her duties.
SEC. 8. Section 23124 of the Vehicle Code is amended to read:
23124. (a) This section applies to a person under 18 years of
age.
(b) Notwithstanding Section 23123, a person described in
subdivision (a) shall not drive a motor vehicle while using a
wireless telephone, even if equipped with a hands-free device, or
while using a mobile service device.
(c) A violation of this section is an infraction punishable by a
base fine of fifty dollars ($50) for a first offense and one hundred
dollars ($100) for each subsequent offense.
(d) This section does not apply to a person using a wireless
telephone or a mobile service device 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.
(e) For purposes of this section, "mobile service device"
includes, but is not limited to, a broadband personal communication
device, specialized mobile radio device, handheld device or laptop
computer with mobile data access, pager, and two-way messaging
device.
SEC. 9. Section 23124.5 is added to the Vehicle Code, to read:
23124.5. Notwithstanding Section 1463 of the Penal Code, the
county treasurer:
(a) Shall submit to the Controller ten dollars ($10) from each
fine collected under Sections 23123, 23123.5, and 23124. The
Controller shall deposit that amount into the Distracted Driver
Education Fund, which is hereby created in the State Treasury for an
education program on the dangers of cell phone use and text messaging
while driving. The Legislature, upon appropriation in the Budget
Bill, shall allocate this money to the Office of Traffic Safety in
the Business, Transportation and Housing Agency for this purpose.
(b) May withhold a sufficient amount from each fine collected
under Sections 21213 and 21213.5 to reimburse the courts in the
county for their actual, reasonable, and necessary costs associated
with processing violations of Sections 21213 and 21213.5.
SEC. 9.5. Section 1.5 of this bill incorporates amendments to
Section 12804.9 of the Vehicle Code proposed by both this bill and
Assembly Bill 82. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2012, (2)
each bill amends Section 12804.9 of the Vehicle Code, and (3) this
bill is enacted after Assembly Bill 82, in which case Section 12804.9
of the Vehicle Code, as amended by Assembly Bill 82, shall remain
operative only until the operative date of this bill, at which time
Section 1.5 of this bill shall become operative, and Section 1 of
this bill shall not become operative.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.