BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: Ab 62
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  portantino
                                                         VERSION: 3/26/09
          Analysis by: Carrie Cornwell                   FISCAL:  no
          Hearing date: June 9, 2009








          SUBJECT:

          Vehicles: television and video screens

          DESCRIPTION:

          This bill permits a person to drive a motor vehicle if a video  
          screen displaying a video signal or television broadcast is  
          operating in the front seat area under specified conditions.

          ANALYSIS:

          Existing law prohibits a vehicle from being operated if a video  
          screen displaying a video signal or television broadcast is  
          located in front of the back of the driver's seat or if it is  
          operating and is visible to the driver while driving the motor  
          vehicle. Vehicle information displays, global positioning  
          systems (GPS), mapping displays, visual displays to supplement a  
          driver's view, and video screens with interlock devices that  
          disable the equipment when the vehicle is driven are exempt from  
          this prohibition. In addition, existing law exempts from this  
          prohibition mobile digital terminals in emergency vehicles and  
          terminals in vehicles owned or operated by electric, gas, or  
          telephone utilities under specified conditions.

           This bill  permits a person to drive a motor vehicle if a video  
          screen displaying a video signal or television broadcast is at a  
          point forward of the back of the driver's seat, provided that  
          the video screen is designed, operated, and configured in a  
          manner that prevents the driver from viewing the broadcast or  
          signal while operating the vehicle in a safe and reasonable  
          manner.
          




          AB 62 (PORTANTINO)                                        Page 2

                                                                       


          COMMENTS:

           1.Purpose of the bill  . The author introduced this bill to make  
            legal new video technology known as "splitview," which the  
            automaker Daimler plans to offer as an option on certain makes  
            of Mercedes automobiles beginning in the 2010 model year.  
            Splitview allows a video screen mounted in a vehicle's  
            dashboard to display GPS to the driver and a video or  
            television broadcast to the front seat passenger. The author  
            notes that existing provisions of the California Vehicle Code  
            predate this technology by specifying that video screens can  
            only be mounted rearward of the driver's seatback. The author  
            and sponsor assert that splitview technology meets the intent  
            of existing law - namely, preventing a driver from being  
            distracted by certain displays while driving -  but not the  
            requirement to be  behind  the back of the driver's seat  . 

           2.Driver distraction  . This bill allows a movie or other video to  
            be played and viewed in the front seat of a vehicle. This  
            would mean that the soundtrack for the movie will be playing  
            more loudly in the front seat than is the case when rear seat  
            passengers watch a movie, as is allowed under existing law.  
            Staff has driven a car with splitview technology and notes  
            that a movie, particularly a familiar movie that may be kept  
            in the family auto, creates a greater distraction than other  
            entertainment such as the radio, because the soundtrack for  
            movie evokes images in the listener's mind even if he or she  
            cannot see the screen.

           3.Previous legislation  . On August 26, 2008, this committee  
            passed on a 7 - 4 vote AB 2884 (Portantino), which included  
            provisions identical to this bill. The author, however, held  
            that bill on the Senate Inactive File so that the California  
            Highway Patrol (CHP) could investigate safety concerns that  
            arose about placing a video screen in the front seat area of a  
            vehicle. CHP reports that the sponsor has now addressed its  
            concerns in part by adjusting the splitview such that it can  
            no longer be viewed by a tall driver who simply leans over and  
            by demonstrating the technology while driving in darkness. As  
            a result, CHP has taken a neutral position on this bill.
          
          Assembly Votes:
               Floor:    77 - 0
               Trans:    12 - 0

          POSITIONS:  (Communicated to the Committee before noon on  




          AB 62 (PORTANTINO)                                        Page 3

                                                                       


          Wednesday,
                     June 3, 2009)

               SUPPORT:  Daimler (sponsor)
                         Alliance of Automobile Manufacturers
          
               OPPOSED:  None received.