AB 313, as introduced, Frazier. Vehicles: electronic wireless communications devices: prohibitions.
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, unless the person is using an electronic wireless communications device that is specifically designed and configured to allow voice-operated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving. A violation of this provision is an infraction.
This bill would delete the exception to that prohibition for the use, while driving, of an electronic wireless communications device that is specifically designed and configured to allow voice-operated and hands-free operation to dictate, send, or listen to a text-based communication. The bill would make a related statement of legislative intent regarding distracted driving. By expanding the scope of a crime, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
2following:
3(a) Distracted driving is a dangerous epidemic on America’s
4roadways. In 2011, more than 3,300 people were killed in crashes
5involving a distracted driver. Approximately 400,000 people were
6injured in motor vehicle crashes involving a distracted driver.
7(b) New research published in 2012 indicates that the increase
8in cognitive load and decrease in working memory when talking
9or texting while driving increases crash risk significantly.
10(c) Driving while using a cell phone reduces the amount of brain
11activity associated with driving by 37 percent.
12(d) Eleven percent of all drivers under 20 years of age involved
13in fatal crashes were reported as distracted at the time of the crash.
14(e) A vast majority of research suggests that there is no
15difference in the crash risk of hand-held or voice-operated devices.
16Furthermore, no study has determined that texting while driving
17is safe.
18(f) Drivers are four times more likely to crash while talking
19hands free on a phone, which is the same crash risk as driving with
20a blood alcohol content of 0.08.
21(g) Sending or receiving a text takes a driver’s eyes from the
22road for an average of 4.6 seconds, which, at 60 miles per hour,
23is the equivalent of driving the length of a football field blind.
24(h) Text messaging while driving creates a crash risk of 8 to 23
25times that of driving while not distracted.
26(i) Nine out of ten drivers support laws that ban texting.
Section 23123.5 of the Vehicle Code is amended to
28read:
(a) A person shall not drive a motor vehicle while
30using an electronic wireless communications device to write, send,
31or read a text-based communicationbegin delete, unless the electronic wireless .
32communications device is specifically designed and configured to
33allow voice-operated and hands-free operation to dictate, send, or
P3 1listen to a text-based communication, and it is used in that manner
2while drivingend delete
3(b) As used in this section “write, send, or read a text-based
4communication” means using an electronic wireless
5communications device to manually communicate with any person
6using a text-based communication, including, but not limited to,
7communications referred to as a text message,
instant message, or
8electronic mail.
9(c) For purposes of this section, a person shall not be deemed
10to be writing, reading, or sending a text-based communication if
11the person reads, selects, or enters a telephone number or name in
12an electronic wireless communications device for the purpose of
13making or receiving a telephone callbegin delete or if a person otherwise .
14activates or deactivates a feature or function on an electronic
15wireless communications deviceend delete
16(d) A violation of this section is an infraction punishable by a
17base fine of twenty dollars ($20) for a first offense and fifty dollars
18($50) for each subsequent offense.
19(e) This section does not apply to an emergency services
20professional using an electronic wireless communications
device
21while operating an authorized emergency vehicle, as defined in
22Section 165, in the course and scope of his or her duties.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.
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