BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 11, 2016


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 1785  
          (Quirk) - As Amended April 5, 2016


          SUBJECT:  Vehicles:  use of wireless electronic devices


          SUMMARY:  Repeals and recasts the prohibition on the use of an  
          electronic wireless communications device while driving.   
          Specifically, this bill:  


          1)Repeals the prohibition on driving 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  
            and is used in that manner.


          2)Instead, prohibits a person from driving a motor vehicle while  
            using a wireless telephone or electronic wireless  
            communications device unless the device is specifically  
            designed for and used in a voice-operated and hands-free  
            manner.


          3)Provides that this prohibition does not apply to  
            factory-installed electronic wireless communications devices  
            located in a vehicle's dashboard, as specified.








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          EXISTING LAW: 


          1)Prohibits a person from driving 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, except in  
            emergency circumstances.
          2)Prohibits a person from driving 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  
            and is used in that manner.


          3)Provides that 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.


          4)Prohibits a person under the age of 18 from driving while  
            using a wireless telephone or an electronic wireless  
            communications device, even if it is equipped with a  
            hands-free device.


          5)Establishes a base fine of $20 for a first violation and $50  
            for each subsequent violation of each above prohibition.


          6)Provides that an "electronic wireless communications device"  
            includes, but is not limited to, a broadband personal  








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            communication device, a specialized mobile radio device, a  
            handheld device or laptop computer with mobile data access, a  
            pager, or a two-way message device.


          FISCAL EFFECT:  Unknown


          COMMENTS:  Since 2006, California has prohibited driving a motor  
          vehicle while using a wireless telephone unless the device is  
          configured to allow for hands-free listening and talking.  In  
          2008, this ban expanded to prohibit a person from writing,  
          sending or reading text-based communications while driving [SB  
          28, (Simitian), Chapter 270, Statutes of 2007].  In 2013, the  
          Legislature again expanded this ban to prohibit anyone younger  
          than 18 years of age from operating a wireless communications  
          device while driving, regardless of the device's hands-free  
          capability [SB 194, (Galgiani), Chapter 754, Statutes of 2013].





          Despite the steady expansion of legislative prohibitions on the  
          use of wireless telephones and electronic wireless  
          communications devices while driving, and the clear dangers of  
          distracted driving, in 2014, the California Court of Appeals for  
          the 5th District ruled that the existing ban only prohibits a  
          driver from holding a wireless telephone while conversing on it.  
           In making its ruling, the court found that the legislative  
          intent in enacting those prohibitions was merely focused on  
          prohibiting a wireless telephone only while carrying on a  
          conversation, not while using it for any other purpose.  For  
          that reason, law enforcement agencies find it difficult, if not  
          practicably impossible to enforce the prohibition, as the scope  
          of a mobile device's functions and its contributions to  
          distracted driving go far beyond simply making and receiving  
          telephone calls.









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          The current statutory ban on using a wireless telephone and  
          writing, sending, or reading a text-based communication with an  
          electronic wireless communications device has been characterized  
          as being too narrow and not contemplating the full scope of  
          activities that can be carried out on a wireless telephone or  
          electronic wireless communications device.  Furthermore, the  
          distinction between a wireless telephone and an electronic  
          wireless communications device has grown increasingly blurred  
          and non-substantive, as a mobile device that an everyday  
          Californian might colloquially refer to as a "cell phone" indeed  
          resembles more of a miniaturized, pocket-sized personal computer  
          with telephone capabilities.  While a wireless telephone of 2006  
          might have the ability to make and receive phone calls, send  
          text messages, and perhaps offer limited internet access, a  
          smartphone of 2016 has vastly greater capabilities, ranging from  
          those legacy functions to global positioning, to video  
          streaming, to photography.  The existing statutory bans may have  
          been sufficient to capture the full range of capabilities of  
          wireless telephones at the time of enactment, but the language  
          of the bans has been found to be limited by the courts and  
          insufficient to capture the capabilities of today's devices.





          The effect of cell phone use on a driver's attention is  
          well-documented.  However, the distracting effect of cell phones  
          is not limited to taking a driver's eyes off the road to make a  
          call or send a text message.  Research from the University of  
          Utah found that using a cell phone, even in a hands-free manner,  
          delays a driver's reactions to the same degree as having a blood  
          alcohol concentration at the legal limit of .08%.  Carnegie  
          Mellon University found that driving while using a cell phone  
          reduces the amount of brain activity associated with driving by  








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          37%.  The distracting effect of these devices is significant and  
          their prevalence in motor vehicles has grown over the past few  
          decades.





          According to CTIA - The Wireless Association, the number of cell  
          phone subscriber connections in the United States increased from  
          55 million in 1997, a wireless penetration rate of 20%, to 326  
          million in 2012, representing a wireless penetration rate of  
          102%.  This growth in the number of cell phone subscriber  
          connections means many United States residents now have active  
          wireless connections to more than one device.  In the context of  
          this increase, the National Highway Transportation Safety  
          Administration reported that 3,328 people were killed and  
          421,000 injured in distraction-affected motor vehicle crashes in  
          the U.S. in 2012.  Of those killed, 415 (13%) were involved in  
          crashes in which at least one driver was using a cell phone at  
          the time of the crash.  Such crashes were also responsible for  
          an estimated 28,000 injuries.





          As the number of mobile devices and their range of capabilities  
          has grown, so too has their impact on driver safety on  
          California roads.  The California Department of Motor Vehicles  
          (DMV) reported over 426,000 handheld cell phone and texting  
          convictions from jurisdictions statewide in 2013.  In 2015,  
          there were 12 fatal collisions involving handheld cellphone use  
          as an inattention factor, over 500 injury collisions, and nearly  
          700 property damage collisions.  That same year, California  
          Highway Patrol alone issued over 13,000 citations for violating  
          the ban on writing, sending, or reading text-based  
          communications while driving, and 78,000 citations for using a  
          wireless telephone while driving.








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          Despite this level of enforcement, a study conducted in the  
          spring of 2015 by the Office of Traffic Safety and UC Berkeley  
          observed 9.2% of motorists using cell phones, up from 6.6% in  
          2014.  To help combat the dangers of distracted driving, the  
          most recent Strategic Highway Safety Plan (SHSP), prepared by  
          the California Department of Transportation, recommends  
          strengthening laws on distracted driving.





          In the context of the court's ruling and consistent with the  
          SHSP recommendations, this bill would clarify that using a  
          person is prohibited from using a wireless telephone or an  
          electronic wireless communications device for any purpose while  
          driving.





          The author argues that the inconsistency of judicial  
          interpretation makes the law difficult to uphold by law  
          enforcement and difficult to follow to average citizens.  The  
          author intends this bill to reflect how technology has evolved  
          with the goal of providing law enforcement clearer laws to  
          enforce and improving safety on California's roadways.  By  
          including functions of wireless telephones and electronic  
          wireless communications devices beyond just telephone calls,  
          under the prohibition on their use while driving, the author  
          intends to give law enforcement additional tools to promote  
          driver safety.









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          Committee concerns:  While this bill seeks to clarify the  
          existing statutory prohibition by encompassing all distracting  
          mobile device-related behavior, it is unclear if this bill will  
          address one primary concern of the 5th District Court.  The  
          court found that the phrase "using a wireless telephone" in the  
          original statute referred only to a driver holding a wireless  
          telephone while conversing on it.  While previous versions of  
          this bill contained more specific definitions, provisions of  
          this bill as drafted also contain the phrase "using a wireless  
          telephone or an electronic wireless communications device," and  
          as such, the ambiguity identified by the court may still be  
          unresolved.  While the author has clearly communicated his  
          intent, he may wish to continue working to specify for what  
          purposes a mobile device may not be used while driving.





          Previous legislation:  AB 1646 (Frazier) of 2014, would have  
          imposed a violation point for convictions related to the use of  
          a cellular phone or wireless communication device while driving,  
          and required the driver's license examination to include a test  
          of the applicant's understanding of the dangers related to the  
          use of handheld devices while driving.  AB 1646 was vetoed by  
          the Governor.  In his veto message the Governor directed DMV to  
          add a question to the driver's license examination of using a  
          communication device while driving and indicated a desire to  
          wait to see additional data from DMV on distracted driving  
          before enacting a law requiring a violation point penalty.

          SB 194 (Galgiani), Chapter 754, Statutes of 2013, prohibited  
          drivers under 18 years of age from operating an electronic  
          wireless communication device, even if it is equipped with a  
          hands-free device.








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          AB 313 (Frazier), of 2013, would have repealed the provisions of  
          AB 1536 (Miller), Chapter 92, Statutes of 2012 entirely.  AB 313  
          was returned to the Chief Clerk by the Assembly Appropriations  
          Committee, pursuant to Joint Rule 56.

          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.  

          SB 1310 (Simitian) of 2012, would have increased the penalties  
          related to using a wireless communications device while  
          operating a vehicle, and would have added dangers of talking or  
          texting while driving to the list of items that the DMV must  
          include in an examination for a driver's license.  SB 1310 was  
          vetoed by the Governor on the grounds that current fines already  
          serve as a powerful deterrent and that upping the fines would  
          likely not further reduce violations.

          SB 33 (Simitian), Chapter 214, Statutes of 2007, prohibited a  
          person under the age of 18 years from using a wireless telephone  
          or other electronic device equipped with a hands-free device  
          while driving a motor vehicle.

          SB 28 (Simitian), Chapter 270, Statutes of 2007, prohibited 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 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 manner  
          while driving.



          REGISTERED SUPPORT / OPPOSITION:








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          Support


          California Association of Highway Patrolmen


          California Peace Officers' Association


          California Police Chiefs Association


          Impact Teen Drivers


          Safe Kids Central California


          Walk San Francisco


          WALKSacramento




          Opposition


          Safer Streets LA




          Analysis Prepared by:Justin Behrens / TRANS. / (916) 319-2093








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