BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: SB 737 Hearing Date: 4/28/2015 ----------------------------------------------------------------- |Author: |Stone | |----------+------------------------------------------------------| |Version: |2/27/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Christine Hochmuth | |: | | ----------------------------------------------------------------- SUBJECT: Penalties for texting while driving DIGEST: This bill increases penalties (fine and violation points) for texting while driving for both adults and minors. ANALYSIS: Existing law: 1)Prohibits a person from driving a motor vehicle while writing, sending, or reading text-based communication (texts), unless they are doing so on a device that allows voice-operated and hands-free operation to dictate, send, or listen to the text-based communication. 2)Prohibits a person below the age of 18 (minor) from driving a motor vehicle while using a wireless telephone or other electronic wireless communications device even if the device is equipped with a hands-free option. 3)Sets the penalty for violating the above provisions as an adult or as a minor at $20 for the first offense and $50 for subsequent offenses. 4)Assigns violation point counts to convictions of specified violations of the Vehicle Code. Most moving violations, such as speeding, causing a traffic accident, or failing to restrain a child properly, are considered an infraction and subject to one violation point. More serious offenses are SB 737 (Stone) Page 2 of ? given a value of two violation points. A person whose driving record shows a violation point count of four or more points in 12 months, six or more points in 24 months, or eight or more points in 36 months is presumed to be a negligent operator and the Department of Motor Vehicles (DMV) may either suspend or revoke his or her driver's license. A conviction of talking or texting while driving does not currently result in a point. This bill: 1)Increases the penalty for adults and minors who use an electronic wireless communications device to write, send, or read texts while driving to a base fine of $40 for a first offense and $100 for subsequent offenses. 2)Allows the assignment of violation points to adults and minors upon a conviction of driving a motor vehicle while texting. 3)Does not increase the penalty for minors in the case of violation of the use of a wireless telephone while driving. This fine would remain at $20/$50. 4)Prohibits the assignment of a violation point to minors upon conviction of driving a motor vehicle while using a wireless telephone. COMMENTS: 1)Purpose. The author contends that distracted driving is the cause of numerous accidents in California and has serious, if not fatal, consequences. The author states that the current fines for texting while driving have led to a decrease in distracted driving, but more must be done as the problem still persists in California. 2)Distracted driving. According to the Office of Traffic Safety, 80% of vehicle crashes involve some sort of driver inattention. Up to 3,000 people yearly are killed nationwide in crashes where driver distractions are involved. In 2014, more than 50% of Californians surveyed said that texting while driving is the most serious distraction for drivers and that it posed the biggest safety problem on California roadways. Despite the recognition of the seriousness of the problem, many California drivers SB 737 (Stone) Page 3 of ? participate in this activity. In 2014, nearly 53% of California drivers admitted to making a driving mistake while talking on a cell phone. A nationwide Harris poll last year found that 59% of adult drivers admitted to talking on a handheld cellphone while behind the wheel, and 37% said they engaged in texting. In 2013, the DMV reported more than 426,000 handheld cell phone and texting convictions, with more than 57,000 tickets issued in April alone. However, these incidents are decreasing. The total percentage of distracted driving due to electronic devices observed decreased from 7.4% in 2013 to 6.4% in 2014, a 13.5% reduction and the lowest since surveys began in 2011. 3)Small fines can lead to big problems for some Californians. The base fines for a conviction of texting while driving have remained constant since they were instituted in 2008. However, penalty assessments, fees, and surcharges do not remain the same, so the out-of-pocket costs for violations have been steadily increasing each year. Since 2008, the overall payment for a base fine of $50 has gone up almost 200%, while the payment for a base fine of $20 has increased almost 300%. Even without considering the additional burden of increased fines, the hardship that many people face in paying off fines and late fees for traffic violations has driven legislators to propose legislation for amnesty (SB 405, Hertzberg, 2015). -------------------------------------------- |YEAR |Cost of $20 base |Cost of $50 | | |fine |base fine | |---------+-----------------+----------------| |2008 | $ 76 | $ 190 | |---------+-----------------+----------------| |2011 | $ 208 | $ 328 | |---------+-----------------+----------------| |2012 | $ 211 | $ 331 | |---------+-----------------+----------------| |2015 | $ 213 |$ | | | |336 | | | | | -------------------------------------------- 4)Wireless telephones versus electronic wireless communications SB 737 (Stone) Page 4 of ? device. The author states that the intent of this bill is to increase the penalty for all persons who text while driving, but not to increase the penalty for minors that talk on a cell phone while driving, which the author purports is a less dangerous activity. To this end the author establishes a distinction in statute between using a wireless telephone and an electronic wireless communications device and imposes increased penalties for operating the latter. Electronic wireless communications devices are defined in statute to include: a broadband personal communication device, specialized mobile radio device, handheld device or laptop computer with mobile data access, pager, and two-way messaging device. The language of the current bill may lead to some confusion as most texting occurs on smartphones or other mobile phones, which should be categorized as wireless telephones, not separate devices solely intended for texting. In other words, the use of a wireless telephone is not limited to talking, but this language does not distinguish this fact. The committee may wish to amend this bill to clarify the intent. 5)Fourth time's the charm? The legislature has passed similar bills but all were vetoed by the Governor. A proposal to increase fines from $20 to $50 and $50 to $100 (SB 28, Simitian, 2011) and a similar proposal of smaller increases of $20 to $30 and $50 to $60 (SB 1310, Simitian, 2012) were both vetoed by Governor Brown. In his veto messages, the Governor stated his support of discouraging cell phone use while driving, but did not agree with the increase of penalties that the legislation mandated. Governor Brown also vetoed a bill that would have assessed a violation point for texting while driving (SB 1646, Frazier, 2014), stating that it would adversely affect a driver's ability to obtain affordable insurance. 6)Arguments in support. Impact Teen Drivers emphasizes the danger of texting, stating that the activity takes a driver's eyes off the road for an average of five seconds, long enough to travel the length of a football field at 55 miles per hour. They assert that this bill will hold the offender accountable and serve as a deterrent, which will reduce the number of offenders over time and hopefully save lives. 7)Arguments in opposition. The California Teamsters Public SB 737 (Stone) Page 5 of ? Affairs Council agrees with Governor Brown that the fines are already too high at the present level when the penalty assessments are included. Also, they contend that adding points to a license puts more drivers at risk of losing their licenses, which they believe to be an excessive punishment. RELATED LEGISLATION: AB 1646 (Frazier, 2014) - would have assessed a violation point for conviction of using a wireless communication device while operating a vehicle. AB 1646 was vetoed by Governor Brown. SB 194 (Galgiani, Chapter 754, Statutes of 2013) - prohibits a person who is under 18 years of age from using an electronic wireless communications device, as defined, even if it is equipped with a hands-free device. This statute also imposes a base fine of $20 for a first offense and $50 for subsequent offenses. AB 313 (Frazier, 2013) - would have prohibited the use of voice-operated, hands-free texting devices while driving. AB 313 failed in Assembly Appropriations. SB 1310 (Simitian, 2012) - would have increased the penalties related to using a wireless communications device while operating a vehicle from $20 to $30 for a first offense and from $50 to $60 for subsequent offenses. SB 1310 was vetoed by Governor Brown. SB 28 (Simitian, 2011) - would have increased the penalties related to using a wireless communications device while operating a vehicle from $20 to $50 for a first offense and from $50 to $100 for subsequent offenses. SB 28 was vetoed by Governor Brown. SB 28 (Simitian, Chapter 270, Statutes of 2008) - prohibits a person from writing, sending, or reading text-based communications while operating a motor vehicle. This statute makes a violation an infraction subject to a base fine of $20 for a first offense and $50 for each subsequent offense, but specifies these offenses do not result in a violation point being added to the person's driving record. SB 33 (Simitian, Chapter 214, Statutes of 2007) - prohibits a driver under the age of 18 from using a wireless telephone or SB 737 (Stone) Page 6 of ? any other mobile service device while operating a motor vehicle. This statute also imposes a base fine of $20 for a first offense and $50 for subsequent offenses. SB 1613 (Simitian, Chapter 290, Statutes of 2006) - prohibits a person from using a cell phone while operating a motor vehicle, and subjects violators to base fines of $20 and $50 for first and subsequent violations, respectively. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, April 22, 2015.) SUPPORT: Impact Teen Drivers OPPOSITION: California Teamsters Public Affairs Council -- END --