BILL ANALYSIS                                                                                                                                                                                                    Ó






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 28
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  simitian
                                                         VERSION: 3/23/11
          Analysis by:  Jennifer Gress                   FISCAL:  yes
          Hearing date:  March 29, 2011



          SUBJECT:

          Driving or bicycling while using a wireless communications 
          device

          DESCRIPTION:

          This bill increases the penalties related to using a wireless 
          communications device while operating a vehicle, prohibits 
          bicyclists from using a handheld communications device while 
          riding a bicycle, establishes an education program regarding the 
          dangers of talking or texting using a wireless communications 
          device while driving, and adds dangers of talking or texting 
          while driving to the list of items that DMV must include in an 
          examination for a driver's license.  

          ANALYSIS:

          Existing law prohibits, with some exceptions, a person from 
          using a handheld wireless phone or engaging in text-based 
          communication (e.g., text messages, instant messages, or email 
          messages) while operating a motor vehicle.  The base fine is $20 
          for an initial offense for either violation and $50 for each 
          subsequent offense.  After all penalty assessments, fees, and 
          surcharges are added to the base fine, the total bail for a base 
          fine of $20 is $208 and the total bail for a base fine of $50 is 
          $328.  These two violations are primary offenses such that a law 
          enforcement officer may stop a driver who he or she has cause to 
          believe is violating these laws.  No points are assigned to the 
          license of a driver who is convicted of either infraction.   

          With regard to drivers under the age of 18, existing law 
          prohibits, with some exceptions, a driver from using any 
          wireless communications device while operating a motor vehicle, 
          without regard to whether the device is hands-free or handheld.  
          The base fine for an initial offense is $20 ($208 total bail) 
          and $50 ($328 total bail) for each subsequent offense.  While 
          use of a handheld cell phone for talking while driving remains a 




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          primary offense for drivers under the age of 18, using a 
          hands-free device or engaging in text-based communication on any 
          mobile service device, is a secondary offense, meaning that a 
          law enforcement officer may not stop a driver solely for the 
          purpose of determining whether or not the driver is violating 
          this law.  No points are assigned to the license of a driver who 
          is convicted of this infraction.

          Existing law requires the examination for a driver's license to 
          include specified elements, including:

           A test of the applicant's knowledge of laws regarding the 
          operation of vehicles,

           A test of the applicant's ability to read and understand 
            simple English used in highway traffic and directional signs,

           A test of the applicant's understanding of traffic signs and 
            signals,

           An actual demonstration of the applicant's ability to exercise 
            ordinary and reasonable control in operating a motor vehicle, 
            and

           A test of the applicant's hearing and eyesight, and of other 
            matters that may be necessary to determine the applicant's 
            mental and physical fitness to operate a motor vehicle.

          Existing law assigns violation point counts to convictions of 
          specified violations of the Vehicle Code.  Most moving 
          violations, such as speeding, causing a traffic accident, or 
          failing to restrain a child properly, are considered an 
          infraction and subject to one violation point.  More serious 
          offenses are given a value of two points.  Two-point violations 
          include leaving the scene of an accident, driving under the 
          influence of drugs or alcohol, reckless driving, evading a 
          police officer, crossing the line on a divided highway, 
          transporting explosive material without a proper license, 
          engaging in speed contests, and excessive speeding, which is 
          defined as driving 100 mph or more. 

          A person whose driving record shows a violation point count of 
          four or more points in 12 months, six or more points in 24 
          months, or eight or more points in 36 months is presumed to be a 
          negligent operator and the Department of Motor Vehicles (DMV) 
          shall either suspend or revoke his or her driver's license.  




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           This bill  :

           Adds a test of a driver's understanding of the distractions 
            and dangers of handheld cellular telephone use and text 
            messaging while operating a motor vehicle to the list of items 
            that DMV must include in its examination of a person who is 
            applying for a driver's license.

           Increases the base fine from $20 ($208 total bail) to $50 
            ($328 total bail) for the first offense and from $50 ($328 
            total bail) to $100 ($528 total bail) for any subsequent 
            offense of driving while using a handheld wireless 
            communications device to talk or text, or if a person is under 
            the age of 18, using any wireless communications device. 

           Provides that a point shall be assigned to a driver's license 
            for a second or subsequent conviction of driving while using a 
            handheld wireless communications device to talk or text or, if 
            a driver is under the age of 18, using any wireless 
            communications device for any purpose.  This point does not 
            apply to a bicyclist who is convicted of using a handheld 
            telephone while cycling.

           Allows for primary enforcement of a violation of using any 
            wireless communication device while driving for drivers under 
            the age of 18.  

           Prohibits a bicyclist from riding a bike while using a 
            handheld wireless communication device to talk or text.  In 
            doing so, the bill establishes a total fine of $20 for an 
            initial violation and $50 for any subsequent violation. This 
            amount will be the total amount collected and will not include 
            any other penalties, assessments, surcharges, or fees.

           Establishes the Distracted Driving Education Fund in the State 
            Treasury and requires county treasurers to submit to the state 
            controller $10 from each fine collected for driving while 
            using a handheld wireless communications device to talk or 
            text or, if a driver is under the age of 18, using any 
            wireless communications device for an education program on the 
            dangers of cellular telephone use to talk or text while 
            driving.
          

          COMMENTS:




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           1.Purpose  .  The author contends that the laws regarding the use 
            of wireless communications devices while operating a motor 
            vehicle have been effective, but that compliance could be 
            improved if stronger penalties were established.  These 
            efforts to reduce distracted driving would be further 
            strengthened by establishing an education program designed to 
            inform drivers of the risks of talking and text messaging 
            using a wireless communications device while driving.  

           2.Trends  .  The prohibition against talking using a handheld 
            telephone while driving went into effect on July 1, 2008 and 
            the probation against texting while driving went into effect 
            on January 1, 2009.  For purposes of this comment, these two 
            laws will be referred to as the "cell phone laws."  Table 1 
            below displays data that describe trends regarding the number 
            of fatal and injury collisions, the number of persons involved 
            in fatal and injury collisions, and the number of persons 
            involved in fatal and injury collisions were cell phone use 
            was a factor from 2005 to 2010.  As Table 1 suggests, there is 
            a significant downward trend in the number of collisions and 
            number of persons involved in collisions, including when cell 
            phone use was a factor.

          Table 1.  Changes in the Number of Fatal and Injury Collisions 
          between 2005 and 2010
          
           ------------------------------------------------------------------- 
          |                |                |                |                |
          |                |      2005      |      2010      | Percent Change |
           ------------------------------------------------------------------- 
          |----------------+-------+-------+-------+-------+-------+-------|
          |                |       |       |       |       |       |       |
          |                | Fatal |Injury | Fatal |Injury | Fatal |Injury |
          |----------------+-------+-------+-------+-------+-------+-------|
          |                |       |       |       |       |       |       |
          |Total number of | 3,822 |198,708| 2,482 |43,517 |- 35 % |- 78 % |
          |collisions      |       |       |       |       |       |       |
          |----------------+-------+-------+-------+-------+-------+-------|
          |                |       |       |       |       |       |       |
          |Number of       | 7,066 |405,914| 4,638 |88,017 | -34 % | -78 % |
          |persons         |       |       |       |       |       |       |
          |involved in     |       |       |       |       |       |       |
          |collisions      |       |       |       |       |       |       |
          |----------------+-------+-------+-------+-------+-------+-------|
          |Number of       |       |       |       |       |       |       |




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          |persons in      |   8   |  623  |   3   |  97   |- 62 % |-84    |
          |collisions,     |       |       |       |       |       |%      |
          |cell phone use  |       |       |       |       |       |       |
          |a factor        |       |       |       |       |       |       |
           ---------------------------------------------------------------- 
           
            To gain a sense of whether the decrease in the number of 
            persons involved in collisions where cell phone use was a 
            factor was due to a natural decrease in the number of persons 
            involved in collisions or to some other factor, the percentage 
            of persons involved in fatal and injury collisions as a 
            percentage of the total number of persons involved in 
            collisions may be calculated for the two years immediately 
            preceding the cell phone law and the two years following it.  

                                          

            Table 2.  Persons Involved in Collisions Where Cell Phone Use 
           Was a Factor as a Percentage of Persons Involved in Collisions

           ----------------------------------------------------------------- 
          |                     |                     |                     |
          |                     |      2006-2007      |      2009-2010      |
           ----------------------------------------------------------------- 
          |---------------------+----------+----------+----------+----------|
          |                     |          |          |          |          |
          |                     |  Fatal   |  Injury  |  Fatal   |  Injury  |
          |---------------------+----------+----------+----------+----------|
          |Persons involved in  |          |          |          |          |
          |collisions, cell     |    15    |   1189   |    10    |   431    |
          |phone use a factor   |          |          |          |          |
          |---------------------+----------+----------+----------+----------|
          |                     |          |          |          |          |
          |Persons involved in  |  13,700  |1,364,055 |  9,816   | 420,040  |
          |collisions           |          |          |          |          |
          |---------------------+----------+----------+----------+----------|
          |                     |          |          |          |          |
          |Persons involved in  |          |          |          |          |
          |collisions where     |  .11 %   |  .09 %   |  .10 %   |.10       |
          |cell phone a factor  |          |          |          |%         |
          |as a percentage of   |          |          |          |          |
          |total number of      |          |          |          |          |
          |persons in           |          |          |          |          |
          |collisions           |          |          |          |          |
           ----------------------------------------------------------------- 
          




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            As the results in Table 2 suggest, there has not been an 
            appreciable decrease in the number of persons involved in 
            either fatal or injury collisions where cell phone use was a 
            factor as a percentage of the total number of persons involved 
            in a collisions after the cell phone laws went into effect.  
            It is important to note that because this analysis did not 
            look at the cell phone laws specifically or consider other 
            factors such as the growth in the number of persons using cell 
            phones over the same period of time or the reduction in 
            vehicle miles traveled during the economic recession, these 
            results should be interpreted with caution; they are intended 
            only to show trends over time of collisions rates involving 
            cell phones.  

           3.Previous legislation  .  With two exceptions, this bill is very 
            similar to SB 1475 (Simitian), which this committee passed 
            last year 6 to 1 and which was ultimately held in the Assembly 
            Appropriations Committee.  The first difference between this 
            bill and SB 1475 is that the violation point assigned to a 
            driver's license for a violation of talking or texting while 
            driving only applies for a second or subsequent conviction, 
            rather than for the first as was the case in SB 1475.  The 
            second difference is that this bill clarifies that texting is 
            permitted while driving provided the driver is using a 
            "voice-operated, hands-free device."  This language was added 
            to the bill at the request of automobile manufacturers that 
            are developing vehicles with technology that enables drivers 
            to speak a message that is then translated into text.
          

           POSITIONS:  (Communicated to the Committee before noon on 
                     Wednesday,                              March 23, 
                     2011)

               SUPPORT:  California Bicycle Coalition
                         Consumers for Auto Reliability and Safety
                         Driving School Association of California, Inc.
                         Metropolitan Transportation Commission
                         Traffic Safety Consultants, Inc.
                         Verizon Wireless
          
               OPPOSED:  None received.








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