BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1310
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: simitian
VERSION: 2/23/12
Analysis by: Eric Thronson FISCAL: yes
Hearing date: March 27, 2012
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, unless equipped with hands-free
technology, 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 $211 and the
total bail for a base fine of $50 is $331. 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.
In addition, 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. A person whose
driving record shows a violation point count of four or more
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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. A conviction of
talking or texting while driving does not currently result in a
point.
Finally, existing law requires specific elements of the driver's
license examination, such as a test of the applicant's ability
to read and understand simple English used in highway and
directional signs.
This bill :
Increases the base fine from $20 ($211 total bail) to $30
($251 total bail) for the first offense and from $50 ($331
total bail) to $60 ($371 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.
Allows for texting while driving as long as the device is
designed for voice-operated, hands-free operation and is used
in that manner while driving.
Makes it a primary offense for a minor to use a wireless
communications device while driving and therefore allows
officers to stop a vehicle for the sole purpose of determining
whether a driver is a minor and using such a device.
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.
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 while driving. This
point does not apply to a bicyclist who is convicted of using
a handheld telephone while cycling.
Adds a test of a driver's understanding of the distractions
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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.
Establishes the Distracted Driver Education Fund and requires
the State Controller to deposit $10 from each fine collected
for using these devices while driving to support an education
program on the dangers of this behavior. This bill also
requires legislative appropriation of these funds to the
Office of Traffic Safety (OTS) in the Business,
Transportation, and Housing Agency (BT&H) for this purpose.
Allows county treasurers to withhold a sufficient amount from
each fine collected to reimburse the courts in the county for
their actual, reasonable, and necessary costs associated with
processing fines collected for talking or texting while
driving.
COMMENTS:
1.Purpose . This bill seeks to reduce further traffic collisions
and fatalities related to distracted driving. According to
the author, while studies show some level of compliance with
existing laws involving cell phone use, improved compliance
could lead to fewer collisions and fatalities on our roads.
The author claims that traffic safety experts attempt to
improve compliance with the law through enactment of three
strategies: education, enforcement, and establishing a
significant deterrent. By enhancing penalties relating to
talking on a handheld cell phone or texting while driving and
using the increased revenue to fund an educational program
operated through OTS, the author contends this bill improves
the efficacy of two of these three strategies.
2.Recent study results . The prohibition against talking using a
handheld telephone while driving went into effect on July 1,
2008 and the prohibition against texting while driving went
into effect on January 1, 2009. A recent analysis, conducted
by the Safe Transportation Research and Education Center at
the University of California, Berkeley, concluded that overall
traffic deaths declined 22 percent since July of 2008, while
handheld cell phone driver deaths went down 47 percent. These
results tend to indicate that these traffic laws have provided
some benefit, though it is important to use caution when
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interpreting these findings as it is difficult to identify one
factor influencing these outcomes to the exclusion of all
others.
According to OTS, contributing to the decline in cell phone
related traffic deaths and injuries is an overall drop in cell
phone usage while driving. A recent OTS survey showed 40
percent of California drivers reported talking less since the
enactment of the handheld cell phone ban. This response
suggests that some drivers have adjusted their behavior in
response to the change in law; however it also seems to
indicate that many drivers have not improved behavior at all.
This raises the question of whether the penalty needs to be
increased to be a more effective deterrent, or if some other
measure is required to change people's behavior. OTS Director
Christopher Murphy recently commented that, "While we are
thrilled to see that the handheld ban has worked to reduce
distracted driving crashes and overall cell phone use, there
are still far too many drivers talking and texting while
driving."
3.Governor's veto . With one exception, this bill is very
similar to SB 28 (Simitian), which this committee passed last
year 6 to 3 and which the governor ultimately vetoed. The one
significant difference between this bill and SB 28 is that
this bill does not increase the base fine amounts as much, but
only by the $10 directed to fund the new educational program.
The author made this change in response to the governor's veto
message, which stated that he supports discouraging cell phone
use while driving, but feels the current fines and penalty
assessments are sufficient deterrents.
POSITIONS: (Communicated to the committee before noon on
Wednesday,
March 21, 2012)
SUPPORT: None received.
OPPOSED: None received.
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