BILL ANALYSIS
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1475
SENATOR ALAN LOWENTHAL, CHAIRMAN AUTHOR: simitian
VERSION: 4/5/10
Analysis by: Jennifer Gress FISCAL: yes
Hearing date: April 6, 2010
SUBJECT:
Bicycling or driving while using a wireless communications
device
DESCRIPTION:
This bill enhances the penalties related to using a wireless
communications device while operating a vehicle, prohibits
bicyclists from using a handheld communications device while
riding a bicycle, establishes an education program regarding the
dangers of cell phone use and text messaging while driving, and
adds dangers of cell phone use and text messaging to the list of
items that DMV must include in an examination for a driver's
license.
ANALYSIS:
Existing law prohibits, with some exceptions, a person from
using a handheld wireless phone or engaging in text-based
communication (e.g. text messages, instant messages, or email
messages) while operating a motor vehicle. The base fine is $20
for an initial offense for either violation and $50 for each
subsequent offense. These two violations are primary offenses
such that a law enforcement officer may stop a driver who he or
she has cause to believe is violating these laws. No points are
assigned to the license of a driver who is convicted of either
infraction.
With regard to drivers under the age of 18, existing law
prohibits, with some exceptions, a driver from using any
wireless communications device while operating a motor vehicle,
without regard to whether the device is hands-free or handheld.
The base fine for an initial offense is $20 and $50 for each
subsequent offense. While use of a handheld cell phone for
talking while driving remains a primary offense for drivers
under the age of 18, using a hands-free device or engaging in
text-based communication on any mobile service device, is a
SB 1475 (SIMITIAN) Page 2
secondary offense, meaning that a law enforcement officer may
not stop a driver solely for the purpose of determining whether
or not the driver is violating this law. No points are assigned
to the license of a driver who is convicted of this infraction.
Existing law requires the examination for a driver's license to
include specified elements, including:
A test of the applicant's knowledge of laws regarding the
operation of vehicles,
A test of the applicant's ability to read and understand
simple English used in highway traffic and directional signs,
A test of the applicant's understanding of traffic signs and
signals,
An actual demonstration of the applicant's ability to exercise
ordinary and reasonable control in operating a motor vehicle,
and
A test of the applicant's hearing and eyesight, and of other
matters that may be necessary to determine the applicant's
mental and physical fitness to operate a motor vehicle.
Existing law 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 given a value of two points. Two-point violations
include leaving the scene of an accident, driving under the
influence of drugs or alcohol, reckless driving, evading a
police officer, crossing the line on a divided highway,
transporting explosive material without a proper license,
engaging in speed contests, and excessive speeding, which is
defined as driving 100 mph or more.
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)
shall either suspend or revoke his or her driver's license.
This bill :
SB 1475 (SIMITIAN) Page 3
Adds a test of a driver's understanding of the "distractions
and dangers of handheld cell phone use and text messaging
while operating a motor vehicle" to the list of items that DMV
must include in its examination of a person who is applying
for a driver's license.
Prohibits a bicyclist from riding a bike while using a
handheld wireless device, text messaging, or, if under the age
of 18, using any wireless communications device in any manner.
In doing so, the bill establishes a base fine of $50 for an
initial violation of using a handheld phone or, if under the
age of 18, using any wireless communications device while
riding and of $100 for subsequent violations. For texting
while riding, the bill establishes a base fine of $100 for
each violation.
Makes a conviction for driving while using a handheld wireless
telephone, text messaging, or if a driver is under the age of
18, using any wireless communications device worth one point
on the driver's license. This point does not apply to a
bicyclist who is convicted of any of these violations.
Increases the base fine, from $20 to $50, for the first
offense of driving while using a handheld phone, or if a
person is under the age of 18, using any wireless
communications device. For subsequent offenses, the bill
raises the base fine from $50 to $100.
Increases the base fines for the first offense and all
subsequent offenses of driving while text messaging from $20
and $50, respectively, to $100.
Allows for primary enforcement of a violation of using any
wireless communication device while driving for drivers under
the age of 18.
COMMENTS:
1.Purpose . The author contends that the laws regarding the use
of wireless communications devices while operating a motor
vehicle have been effective, but that the laws could be more
effective if stronger penalties were established to further
deter drivers from talking or texting while driving.
Furthermore, these efforts to reduce distracted driving would
be strengthened by establishing an education program designed
to inform drivers of the risks of cell phone use and text
SB 1475 (SIMITIAN) Page 4
messaging while driving.
2.Total bail . Penalty assessments and court fees are added to
base fines that result in a total bail that is significantly
higher than the base fine. The total bail amounts for each of
the base fines relevant to this bill are identified below.
$20 base fine + $56 in penalty assessments + $65 in court fees
= $141 total.
$50 base fine + $140 in penalty assessments + $65 in court
fees = $255 total.
$100 base fine + $280 in penalty assessments + $65 in court
fees = $445 total.
3.Provisions regarding bicyclists justified, too strong ? This
bill extends the prohibition against using a handheld phone,
text messaging, or if under the age of 18, using any wireless
communications device to bicyclists. This bill also imposes
fines on bicyclists that are equivalent to those it increases
on motorists for the same infractions. Under this bill, a
bicyclist would have to pay approximately $255 for an initial
violation of riding on a city street while talking on the cell
phone. The public safety benefits of extending these
provisions to bicyclists is unclear as bicyclists generally do
not pose the same threat to traffic safety that motor vehicle
drivers do. How many people have been killed as a result of a
bicyclist talking on his or her cell phone while riding? For
drivers, by comparison, there is an average of nearly 2,000
fatalities for the second half of each year from 2003 to 2008,
according to data provided by the author's office. The
penalty for a behavior should be proportional to the public
safety risk posed by such behavior. For this reason, the
committee may wish to consider amendments that would delete
these provisions from the bill.
4.Distracted Driving Prevention Act of 2009 . According to
the author's office, the bill adds distracted driving to
the list of items that must be included in a driver's
license exam in order to make the state eligible for a
federal grant under the Distracted Driving Prevention Act
of 2009. The Distracted Driving Prevention Act, currently
pending in Congress, would provide grants to states that
enact laws that do the following:
Prohibit a driver from using a handheld wireless
communications device or from text messaging while
SB 1475 (SIMITIAN) Page 5
driving, and in the case of a driver who is under the
age of 18, prohibit him or her from using any wireless
communication device.
Make a violation of those prohibitions a primary
offense.
Establish a minimum fine for a first violation and
increased fines for subsequent violations.
Provide increased civil and criminal penalties than
would otherwise apply if driver causes a vehicle
collision while using a handheld device or text
messaging.
Require that distracted driving issues be included as
part of the state's driver's licensing examination.
With this bill, California would meet these requirements
with the exceptions of increasing the fine for subsequent
offenses of texting while driving and providing increased
civil or criminal penalties for a driver who causes a
collision while using a handheld device or text messaging.
While requiring that driver distraction be included in a
driver's license exam is laudable, it does not achieve the
author's goal of making the state eligible for a federal
grant under this act.
Before adding provisions to the bill that further increase
penalties, however, the author or committee may wish to
consider whether it is appropriate to increase penalties
beyond those established by this bill and, if it is, what
might constitute an appropriate penalty. Furthermore,
because the bill is pending in Congress and may continue
to evolve, it may not be necessary to amend this bill
further at this time.
5.Different fines for texting and talking . Under this bill, the
fine for an initial offense of texting while driving is higher
($100) than that for using a handheld device while driving or,
in the case of a driver under the age of 18, using any
wireless communications device, ($50). Presumably the
increased fine for texting is due to the fact that texting
requires drivers to take both their eyes off of the road and
their hands off of the steering wheel, as opposed to talking
on a handheld phone, which at least allows a driver to
SB 1475 (SIMITIAN) Page 6
maintain his or her eyes on the road. How a law enforcement
officer would be able to differentiate a driver who is texting
versus operating a handheld device, however, is unclear. It
seems plausible that a person could be cited for texting and
subject to a higher penalty when in fact he or she was only
using his or her handheld phone, perhaps dialing. Because
both talking and texting are dangerous and merit citation, the
committee may wish to amend the bill to make the penalties
equivalent for using a handheld device whether it is used for
talking or texting.
POSITIONS: (Communicated to the Committee before noon on
Wednesday,
March 31, 2010)
SUPPORT: Cheap School (Traffic School)
Comedy Traffic School
Driving School Association of California, Inc.
Great Comedians 2 (Traffic School)
Pizza 4U (Traffic School)
Traffic Safety Consultants, Inc.
OPPOSED: California Conference Board of the Amalgamated
Transit Union
California Conference of Machinists
California Teamsters Public Affairs Council