BILL ANALYSIS �
AB 313
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Date of Hearing: May 15, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 313 (Frazier) - As Introduced: February 12, 2013
Policy Committee:
TransportationVote:9-5
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill repeals a 2012 statute by again prohibiting the use of
voice-operated, hands-free texting devices while driving. The
bill also repeals a provision authorizing drivers to activate or
deactivate a feature or function on an electronic wireless
communications device while driving.
FISCAL EFFECT
1)Minor non-reimbursable costs to cities and counties for
enforcement, offset to some extent by fine revenues.
2)Minor absorbable costs to the CHP.
COMMENTS
1)Background . AB 1536 (Miller)/Chapter 92 of 2012, authorized an
exception to the state's ban on sending and receiving text
messages on wireless communications devices while driving, as
long as those messages are transmitted using voice-operated,
hands-free technology. The Alliance of Automobile
Manufacturers, in sponsoring AB 1536, characterized the use of
voice-operated texting while driving as a mechanism to promote
safety on the state's roadways, asserting that this approach
was reasonable given that many Californians spend a
significant amount of time in their cars and have demonstrated
(by ignoring texting bans) that they do not wish to be out of
touch when behind the wheel. The Alliance claimed that
authorizing the use of this new technology acknowledged that
drivers want to be connected, even at the risk of getting a
ticket, so giving drivers the option to use a technology that
AB 313
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allows them to remain connected while keeping their eyes on
the road and hands on the wheel is a significant improvement
over largely ignored bans.
2)Purpose . According to the author, immediately after AB 1536
was signed by the Governor, the National Safety Council (NSC)
called for the bill's repeal, citing that the risk of a crash
increases fourfold when a person is driving and talking on a
cell phone regardless of whether or not the driver is using a
hand-held or hands-free device. The NSC also cited that
talking or listening on a cell phone makes the risk of a crash
or near-crash event 1.3 times higher than non-distracted
driving.
The author points out that numerous studies including the
those conducted by Virginia Tech Transportation Institute,
National Highway Traffic Safety Administration (NHTSA), and
the National Transportation Safety Board provide conclusive
evidence that cellphone use (whether handheld or hands-free)
has a considerable impact on driver performance and has been
implicated in substantially increasing the risk of a crash.
3)Related legislation : SB 194 (Galgiani), pending in the
Assembly Transportation Committee, prohibits a person under 18
years of age from using an electronic wireless communications
device, as defined, even if it is equipped with a hands-free
device.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081