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                      CORRECTED



          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 $50 
            ($331 total bail) for the first offense and from $50 ($331 
            total bail) to $100 ($531 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 or 
            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 




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            caution when 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  .  This bill is the same as SB 28 (Simitian), 
            which this committee passed last year 6 to 3 and which the 
            governor ultimately vetoed.  The author intends to amend the 
            bill in committee such that it does not increase the base fine 
            amounts as much, only by the $10 to be directed to fund the 
            new educational program.  The author is making this change in 
            response to the governor's veto message in which he stated 
            that he supports discouraging cell phone use while driving, 
            but feels the current fines and penalty assessments are 
            sufficient deterrents.


            The author therefore will take amendments in committee to 
            increase 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. 

            




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          POSITIONS:  (Communicated to the committee before noon on 
                     Wednesday,                             
                     March 21, 2012)

               SUPPORT:  None received.

          
               OPPOSED:  None received.