BILL NUMBER: AB 1646 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Frazier
FEBRUARY 11, 2014
An act to amend Sections 12804.9, 12810.3, 23123, 23123.5, and
23124 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1646, as introduced, Frazier. Vehicles: electronic wireless
communication devices: prohibitions.
(1) Existing law requires the Department of Motor Vehicles to
examine applicants for specific driver's licenses and requires that
the examination include, among other things, a test of the applicants
knowledge and understanding of the provision of the Vehicle Code
governing the operation of vehicles upon the highways.
This bill would require the above-described examination to also
include a test of the applicant's understanding of the distractions
and dangers of handheld cellular phone use and text messaging while
operating a motor vehicle.
(2) Existing law establishes that specified convictions and
violations under the Vehicle Code and traffic-related incidents count
as points against a driver's record for purposes of suspension or
revocation of the privilege to drive.
Under existing law, it is an infraction for any person to drive a
motor vehicle while using a wireless telephone, or an electronic
wireless communications device to write send, or read a text-based
communication, unless the telephone or electronic wireless
communications device is designed and configured to allow
voice-operated and hands-free operation, and is used in that manner
while driving, except as otherwise provided. A person under 18 years
of age is prohibited from driving a motor vehicle while using a
wireless telephone or an electronic wireless communications device,
even if equipped with a hands-free device.
This bill would assess a violation point for a 2nd or subsequent
conviction of a violation of these provisions. This bill would also
increase the base fines for a violation of any of the above-described
prohibitions involving driving a motor vehicle while using a
wireless telephone or an electronic wireless communications device
from $20 to $50, and the fine for a 2nd or subsequent offense from
$50 to $100.
(3) Existing law prohibits a law enforcement officer from stopping
a vehicle for the sole purpose of determining whether a driver, who
is under 18 years of age, is violating the prohibition of driving a
motor vehicle while using a telephone or an electronic wireless
communications device.
This bill would delete the above prohibition.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12804.9 of the Vehicle Code is amended to read:
12804.9. (a) (1) The examination shall include all of the
following:
(A) A test of the applicant's knowledge and understanding of
the provisions of this code governing the
operation of vehicles upon the highways.
(B) A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs.
(C) A test of the applicant's understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.
(D) A test of the applicant's understanding of the distractions
and dangers of handheld cellular phone use and text messaging while
operating a motor vehicle.
(D)
( E) An actual demonstration of the
applicant's ability to exercise ordinary and reasonable control in
operating a motor vehicle by driving it under the supervision of an
examining officer. The applicant shall submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
he or she desires a license to drive, except that the department may
waive the driving test part of the examination for any
an applicant who submits a license issued by
another state, territory, or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico if the
department verifies through any acknowledged national driver record
data source that there are no stops, holds, or other impediments to
its issuance. The examining officer may request to see evidence of
financial responsibility for the vehicle prior to supervising the
demonstration of the applicant's ability to operate the vehicle. The
examining officer may refuse to examine an applicant who is unable to
provide proof of financial responsibility for the vehicle, unless
proof of financial responsibility is not required by this code.
(E)
( F) A test of the hearing and eyesight of
the applicant, and of other matters that may be necessary to
determine the applicant's mental and physical fitness to operate a
motor vehicle upon the highways, and whether any grounds exist for
refusal of a license under this code.
(2) (A) Before a class A or class B driver's license, or class C
driver's license with a commercial endorsement, may be issued or
renewed, the applicant shall have in his or her driver record a valid
report of a medical examination of the applicant given not more than
two years prior to the date of the application by a health care
professional. As used in this paragraph, "health care professional"
means a person who is licensed, certified, or registered in
accordance with applicable state laws and regulations to practice
medicine and perform physical examinations in the United States.
Health care professionals are doctors of medicine, doctors of
osteopathy, physician assistants, and registered advanced practice
nurses, or doctors of chiropractic who are clinically competent to
perform the medical examination presently required of motor carrier
drivers by the United States Department of Transportation. The report
shall be on a form approved by the department. In establishing the
requirements, consideration may be given to the standards presently
required of motor carrier drivers by the Federal Motor Carrier Safety
Administration.
(B) The department may accept a federal waiver of one or more
physical qualification standards if the waiver is accompanied by a
report of a nonqualifying medical examination for a class A or class
B driver's license, or class C driver's license with a commercial
endorsement, pursuant to Section 391.41(a)(3)(ii) of Subpart E of
Part 391 of Title 49 of the Code of Federal Regulations.
(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving
ability, ability shall not prevent the issuance
of a license to the applicant.
(b) In accordance with the following classifications, an applicant
for a driver's license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:
(1) Class A includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a
combination of vehicles, if a vehicle being towed has a gross vehicle
weight rating or gross vehicle weight of more than 10,000 pounds.
(B) A vehicle towing more than one vehicle.
(C) A trailer bus.
(D) The operation of all vehicles under class B and class C.
(2) Class B includes the following:
(A) Except as provided in subparagraph (H) of paragraph (3), a
single vehicle with a gross vehicle weight rating or gross vehicle
weight of more than 26,000 pounds.
(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.
(C) A bus with a gross vehicle weight rating or gross vehicle
weight of more than 26,000 pounds, except a trailer bus.
(D) A farm labor vehicle.
(E) A single vehicle with three or more axles or a gross vehicle
weight rating or gross vehicle weight of more than 26,000 pounds
towing another vehicle with a gross vehicle weight rating or gross
vehicle weight of 10,000 pounds or less.
(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.
(G) The operation of all vehicles covered under class C.
(3) Class C includes the following:
(A) A two-axle vehicle with a gross vehicle weight rating or gross
vehicle weight of 26,000 pounds or less, including when the vehicle
is towing a trailer or semitrailer with a gross vehicle weight rating
or gross vehicle weight of 10,000 pounds or less.
(B) Notwithstanding subparagraph (A), a two-axle vehicle weighing
4,000 pounds or more unladen when towing a trailer coach not
exceeding 9,000 pounds gross.
(C) A house car of 40 feet in length or less.
(D) A three-axle vehicle weighing 6,000 pounds gross or less.
(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may shall not tow another
vehicle in violation of Section 21715.
(F) (i) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing either a trailer coach or a fifth-wheel travel trailer
not exceeding 10,000 pounds gross vehicle weight rating, when the
towing of the trailer is not for compensation.
(ii) A two-axle vehicle weighing 4,000 pounds or more unladen when
towing a fifth-wheel travel trailer exceeding 10,000 pounds, but not
exceeding 15,000 pounds, gross vehicle weight rating, when the
towing of the trailer is not for compensation, and if the person has
passed a specialized written examination provided by the department
relating to the knowledge of this code and other safety aspects
governing the towing of recreational vehicles upon the highway.
The
(iii) The authority to operate
combinations of vehicles under this subparagraph may be granted by
endorsement on a class C license upon completion of that written
examination.
(G) A vehicle or combination of vehicles with a gross combination
weight rating or a gross vehicle weight rating, as those terms are
defined in subdivisions (j) and (k), respectively, of Section 15210,
of 26,000 pounds or less, if all of the following conditions are met:
(i) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.
(ii) Is used exclusively in the conduct of agricultural
operations.
(iii) Is not used in the capacity of a for-hire carrier or for
compensation.
(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant to
Section 12804.11.
(I) A motorized scooter.
(J) A bus with a gross vehicle weight rating or gross vehicle
weight of 26,000 pounds or less, except a trailer bus.
(K) Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.
(4) Class M1. A M1 includes a
two-wheel motorcycle or a motor-driven cycle. Authority to operate a
vehicle included in a class M1 license may be granted by endorsement
on a class A, B, or C license upon completion of an appropriate
examination.
(5) (A) Class M2 includes the following:
(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.
(ii) A motorized scooter.
(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon completion
of an appropriate examination, except that no endorsement is required
for a motorized scooter. Persons holding a class M1 license or
endorsement may operate vehicles included in class M2 without further
examination.
(c) A driver's license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision (b)
of Section 15210, any other motor vehicle defined in paragraph (1) or
(2) of subdivision (b), or any other vehicle requiring a driver to
hold any a driver certificate or
any a driver's license endorsement
under Section 15275, unless a medical certificate approved by the
department that has been issued within two years of the date of the
operation of that vehicle and a copy of the medical examination
report from which the certificate was issued is on file with the
department. Otherwise, the license is valid only for operating class
C vehicles that are not commercial vehicles, as defined in
subdivision (b) of Section 15210, and for operating class M1 or M2
vehicles, if so endorsed, that are not commercial vehicles, as
defined in subdivision (b) of Section 15210.
(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate the
class or type of vehicles specified under the law in existence prior
to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled. Upon application for
renewal or replacement of a driver's license, endorsement, or
certificate required to operate a commercial motor vehicle, a valid
medical certificate on a form approved by the department shall be
submitted to the department.
(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a
driving test, on class A or B applications, if the applicant has
first qualified for a class C license and has met the other
examination requirements for the license for which he or she is
applying. The certificate may be submitted as evidence of the
applicant's skill in the operation of the types of equipment covered
by the license for which he or she is applying.
(f) The department may accept a certificate of competence in lieu
of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for which
he or she is applying.
(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved by the
commissioner pursuant to Section 2932 in lieu of a driving test on
class M1 or M2 applications, if the applicant has met the other
examination requirements for the license for which he or she is
applying. The department shall review and approve the written and
driving test used by a program to determine whether the program may
issue a certificate of completion.
(h) Notwithstanding subdivision (b), a person holding a valid
California driver's license of any class may operate a short-term
rental motorized bicycle without taking any a
special examination for the operation of a motorized bicycle,
and without having a class M2 endorsement on that license. As used in
this subdivision, "short-term" means 48 hours or less.
(i) A person under the age of 21 years of
age shall not be issued a class M1 or M2 license or endorsement
unless he or she provides evidence satisfactory to the department of
completion of a motorcycle safety training program that is operated
pursuant to Article 2 (commencing with Section 2930) of Chapter 5 of
Division 2.
(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination required
for a class B license when operating vanpool vehicles. In order to be
eligible to drive the vanpool vehicle, the driver shall keep in the
vanpool vehicle a statement, signed under penalty of perjury, that he
or she has not been convicted of reckless driving, drunk driving, or
a hit-and-run offense in the last five years.
SEC. 2. Section 12810.3 of the Vehicle Code is amended to read:
12810.3. Notwithstanding subdivision (f) of Section 12810, a
violation point shall not only be given
for a second or subsequent conviction of a violation of
subdivision (a) of Section 23123, subdivision (a) of Section 23123.5,
or subdivision (b) of Section 23124.
SEC. 3. Section 23123 of the Vehicle Code is amended to read:
23123. (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed
and configured to allow hands-free listening and talking, and is used
in that manner while driving.
(b) A violation of this section
subdivision (a) is an infraction punishable by a base fine of
twenty fifty dollars ($20)
($50) for a first offense and fifty
one hundred dollars ($50)
($100) for each subsequent offense.
(c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor
vehicle on private property.
(g) This section shall become operative on July 1, 2011.
SEC. 4. Section 23123.5 of the Vehicle Code is amended to read:
23123.5. (a) A person shall not drive a motor vehicle while using
an electronic wireless communications device to write, send, or read
a text-based communication, unless the electronic wireless
communications device 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.
(b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
(c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call or if a person otherwise activates or
deactivates a feature or function on an electronic wireless
communications device.
(d) A violation of this section
subdivision (a) is an infraction punishable by a base fine of
twenty fifty dollars ($20)
($50) for a first offense and fifty
one hundred dollars ($50)
($100) for each subsequent offense.
(e) This section does not apply to an emergency services
professional using an electronic wireless communications device while
operating an authorized emergency vehicle, as defined in Section
165, in the course and scope of his or her duties.
SEC. 5. Section 23124 of the Vehicle Code is amended to read:
23124. (a) This section applies to a person under the
age 18 years of 18 years
age .
(b) Notwithstanding Sections 23123 and 23123.5, a person described
in subdivision (a) shall not drive a motor vehicle while using a
wireless telephone or an electronic wireless communications device,
even if equipped with a hands-free device.
(c) A violation of this section is an infraction punishable by a
base fine of twenty fifty dollars
($20) ($50) for a first offense and
fifty one hundred dollars
($50) ($100) for each subsequent offense.
(d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is violating
subdivision (b).
(e) Subdivision (d) does not prohibit a law enforcement officer
from stopping a vehicle for a violation of Section 23123 or 23123.5.
(f)
( d) This section does not apply to a person
using a wireless telephone or a mobile service device for emergency
purposes, including, but not limited to, an emergency call to a law
enforcement agency, health care provider, fire department, or other
emergency services agency or entity.
(g)
( e) For the purposes of
this section, "electronic wireless communications device" includes,
but is not limited to, a broadband personal communication device,
specialized mobile radio device, handheld device or laptop computer
with mobile data access, pager, and two-way messaging device.