BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 194|
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THIRD READING
Bill No: SB 194
Author: Galgiani (D)
Amended: As introduced
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM. : 11-0, 4/2/13
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Teen drivers: electronic wireless devices
SOURCE : California Association of Highway Patrolmen
DIGEST : This bill prohibits drivers under 18 years of age
from operating an electronic wireless communication device, even
if it is equipped with a hands-free device.
ANALYSIS :
As the use of cell phones has proliferated in recent years, the
Legislature has considered many bills related to usage of these
devices by drivers, including the following which were signed
into law:
SB 1613 (Simitian, Chapter 290, Statutes of 2006), makes it an
infraction for any person to drive a motor vehicle while using
a wireless phone, unless it is designed and configured to
allow hands-free listening and talking and is used in that
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manner while driving.
SB 28 (Simitian, Chapter 270, Statutes of 2007), prohibits a
person from writing, sending, or reading text-based
communications while operating a motor vehicle, even if the
device is equipped with a hands-free device.
SB 33 (Simitian, Chapter 214, Statutes of 2007), prohibits a
person under 18 years from using a wireless telephone or other
electronic device equipped with a hands-free device while
driving a motor vehicle.
AB 1536 (Miller, Chapter 92, Statutes of 2012), allows drivers
to dictate, send, or listen to text-based communications as
long as they do so using technology specifically designed and
configured to allow voice-operated and hands-free operation.
This bill prohibits drivers under 18 years of age from operating
an electronic wireless communication device, even if it is
equipped with a hands-free device.
Background
Existing law SB 33 (Simitian, Chapter 214, Statutes of 2007),
prohibits teenagers from using a wireless telephone while
driving, even if it is equipped with a hands-free device.
Existing law AB 1536 (Miller, Chapter 92, Statutes of 2012),
also allows individuals to use voice-operated and hands-free
technology to dictate, send, or listen to text-based
communications while driving. The California Association of
Highway Patrolmen, sponsor of this bill, states that because AB
1536 did not specifically exempt teen drivers, "some interpret
this to mean that those under the age of 18 are included and can
now text while driving, as long as it's hands-free." This bill
aims to clarify and expand the prohibition established by SB 33.
Catching up state law with technology: In addition to
voice-activated cell phones (such as the iPhone "Siri"), new
technologies have emerged for driver use. Touch-operated and/or
voice-activated devices such as GPS navigators, instrument
screens, and television screens are becoming more and more
common in automobiles. This bill seeks to address these new
devices by clarifying the existing prohibition against teens
from texting while driving to include such new technologies,
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even if equipped with a voice-operated device.
Attitudes toward distracted driving: The 2012 Traffic Safety
Culture Index, published in January 2013 by the AAA Foundation
for Traffic Safety, finds that although nearly three in five US
drivers, consider drivers talking on cell phones to be a very
serious threat to their personal safety, only 42% consider it
unacceptable for a driver to talk on a hands-free cell phone;
and while 95.7% of drivers say that drivers text messaging or
emailing are a very serious public safety threat, more than one
in three admit to reading a text message or email while driving
within the past 30 days, and more than one in 10 admit to doing
so regularly. Nearly 87% of drivers support having a law
against reading, typing, or sending a text message or email
while driving, but only about half of drivers (52.6%) would
support a federal regulation relating to other potentially
distracting in-vehicle technologies.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/12/13)
California Association of Highway Patrolmen (source)
Advanced Drivers Education Products and Training, Inc.
AT&T
California Association for Safety Education
Driving School Association of California
ARGUMENTS IN SUPPORT :
The author's office notes that teen driver distraction is a
major concern of traffic safety advocates. Driving a motor
vehicle involves manual, visual and cognitive tasks. A
hazardous situation occurs when teen drivers perform non-driving
activities that divert their attention from the primary task of
driving. The Driving School Association of California argues
that the use of touch screen or voice-command technologies
causes cognitive blindness for novice young drivers that can
result in fatal or serious injury crashes to the young driver or
other motorists or pedestrians. This bill, therefore, clarifies
that teen drivers may not use any electronic wireless
communication device - even if it is hands free - while driving.
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JJA:ej 4/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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