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 ----------------------------------------------------------------- |Policy |Transportation |Vote:|11 - 1 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 1785 Page 2 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 Page 3 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. AB 1785 Page 4 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