BILL ANALYSIS Ó
AB 1785
Page 1
Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1785 (Quirk) - As Amended April 5, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
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 device is
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
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using (in any manner) 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)Defines "electronic wireless communications device" to
include, but not be limited to, a broadband personal
communication device, a specialized mobile radio device, a
handheld device or laptop computer with mobile data access, a
pager, or a two-way messaging device.
FISCAL EFFECT:
Any costs to the CHP to update training regarding the modified
prohibition on use of electronic wireless communication devices
would be minor and absorbable.
COMMENTS:
1)Background. 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. SB 28, (Simitian), Chapter 270, Statutes of 2007,
expanded this ban to prohibit a person from writing, sending
or reading text-based communications while driving. SB 194,
(Galgiani), Chapter 754, Statutes of 2013, 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.
In 2014, the California Court of Appeals for the 5th District
ruled that the existing ban only prohibits a driver from
AB 1785
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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. Law
enforcement agencies thus 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.
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.
As the number of mobile devices and their range of
capabilities has grown, so too has their impact on driver
safety. 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.
The DMV reported over 426,000 handheld cell phone and texting
convictions from jurisdictions statewide in 2013. To help
combat the dangers of distracted driving, the most recent
Strategic Highway Safety Plan (SHSP), prepared by Caltrans,
recommends strengthening laws on distracted driving.
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2)Purpose. In the context of the court's ruling and consistent
with the SHSP recommendations, this bill clarifies that 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. 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.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081