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 whilebegin delete using aend deletebegin insert operating a handheldend insert wireless telephone or a wireless electronic communication device, as defined, except as specified. 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Section 23123.5 of the Vehicle Code is repealed.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
4begin delete using aend deletebegin insert operating a handheldend insert wireless telephone or an electronic
5wireless communications device unless the wireless telephone or
6electronic wireless communications device is specifically designed
7and configured to allow voice-operated and hands-free operation,
8and it is used in that manner while driving.
9(b) This section shall not apply to factory-installed electronic
10wireless communications devices located in a vehicle’s dashboard,
11
including mapping systems, entertainment systems, and vehicle
12monitoring systems that require manual input from a driver or
13passenger and that are inoperable by the driver when the vehicle
14is moving.
15
(c) This section shall not apply to a wireless telephone or
16electronic wireless communications device that is mounted on a
17vehicle’s windshield in the same manner a portable Global
18Positioning System (GPS) is mounted pursuant to paragraph (12)
19of subdivision (b) of Section 26708 and that is operated solely to
20activate or deactivate a feature or function with the motion of a
21single swipe or tap of the driver’s finger.
27 22(c)
end delete
23begin insert(d)end insert A violation of this section is an infraction punishable by a
24base fine of twenty dollars ($20) for a first offense and fifty dollars
25($50) for each subsequent offense.
P3 1 26(d)
end delete
27begin insert(e)end insert This section does not apply to an emergency services
28professional using an electronic wireless communications device
29while operating an authorized emergency vehicle, as defined in
30Section 165, in the course and scope of his or her duties.
5 31(e)
end delete
32begin insert(f)end insert For the purposes of this section, “electronic wireless
33communications device” includes, but is not limited to, a broadband
P3 1personal communication device, a specialized mobile radio device,
2a handheld device or laptop computer with mobile data access, a
3pager, or a two-way messaging device.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.
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