AB 1785, as amended, Quirk. Vehicles: use of wireless electronic devices.
Existing law prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication, as defined, unless the electronic wireless communications device is specifically designed and configured, and is used, to allow voice-operated and hands-free operation, as specified. A violation of these provisions is an infraction.
This bill would instead prohibit a person from driving a motor vehicle while using abegin delete wireless electronic device for any purpose if it distracts the driver’s attention,end deletebegin insert wireless telephone or a wireless electronic communication device, as defined,end insert except as
specified.begin delete The bill would provide that “distracts the driver’s attention” includes, but is not limited to, manually inputting or typing information to do specified acts, including to make cellular telephone calls or obtain directions.end delete
By changing the definition of a crime, the 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:
Section 23123.5 of the Vehicle Code is repealed.
Section 23123.5 is added to the Vehicle Code, to read:
(a) A person shall not drive a motor vehicle while
4using a wirelessbegin delete electronic device for any purpose if it distracts begin insert telephone or an electronic wireless
5the driver’s attention unless the device is designed and used in a
6manner that allows for hands-free operating, requiring only
7voice-operated commands.end delete
8communications device unless the wireless telephone or electronic
9wireless communications device is specifically designed and
10configured to allow voice-operated and hands-free operation, and
11it is used in that manner while driving.end insert
12(b) For purposes of this section, “distracts the driver’s attention”
13includes, but is not limited to, manually inputting or typing
14information to make cellular telephone calls, obtain directions, use
15a mapping application, play games, use internet search engines,
16or use any other application on a wireless electronic device that
17requires the vehicle operator to manually input text, numerals, or
18characters.
6 19(c)
end delete
20begin insert(b)end insert This section shall not apply to factory-installedbegin delete wireless begin insert electronic wireless communications devicesend insert
21electronic devicesend delete
22 located in a vehicle’s dashboard, including mapping systems,
23entertainment systems, and vehicle monitoring systems that require
24manual input from a driver or passenger and that arebegin delete madeend delete
25 inoperable by the driver when the vehicle is moving.
11 26(d)
end delete
27begin insert(c)end insert A violation of this section is an infraction punishable by a
28base fine of twenty dollars ($20) for a first offense and fifty dollars
29($50) for each subsequent offense.
14 30(e)
end delete
P3 1begin insert(d)end insert This section does not apply to an emergency services
2professional using an electronic wireless communications device
3while operating an authorized emergency vehicle, as defined in
4Section 165, in the course and scope of his or her duties.
5
(e) For the purposes of this section, “electronic wireless
6communications device” includes, but is not limited to, a
7broadband personal communication device, a specialized mobile
8radio device, a handheld device or laptop computer with mobile
9data access, a pager, or a two-way messaging device.
No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.
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