BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1475|
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THIRD READING
Bill No: SB 1475
Author: Simitian (D)
Amended: 5/13/10
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 6-1, 4/6/10
AYES: Lowenthal, DeSaulnier, Kehoe, Oropeza, Pavley,
Simitian
NOES: Huff
NO VOTE RECORDED: Ashburn, Harman
SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/10/10
AYES: Kehoe, Cox, Alquist, Leno, Price, Wolk
NOES: Walters, Wyland, Yee
NO VOTE RECORDED: Corbett, Denham
SUBJECT : Bicycling or driving while using a wireless
communications
device
SOURCE : Author
DIGEST : This bill enhances the penalties related to
using a wireless communications device while operating a
vehicle, prohibits bicyclists from using a hand held
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
the Department of Motor Vehicles must include in an
CONTINUED
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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 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:
1. A test of the applicant's knowledge of laws regarding
the operation of vehicles,
2. A test of the applicant's ability to read and understand
simple English used in highway traffic and directional
signs,
3. A test of the applicant's understanding of traffic signs
and signals,
4. An actual demonstration of the applicant's ability to
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exercise ordinary and reasonable control in operating a
motor vehicle, and
5. 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/her
driver's license.
This bill:
1. 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.
2. Prohibits a bicyclist from riding a bike while using a
handheld wireless device, text messaging, or using any
wireless communications device in any manner. In doing
so, the bill establishes a base fine of $20 for an
initial violation of using a handheld phone and $50 for
subsequent violations. Specifies the fines imposed will
be the total amount collected, and that no other
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penalties, assessments, surcharges fees, or any other
charges will be imposed.
3. 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.
4. 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.
5. Increases the base fines for the first offense and all
subsequent offenses of driving while text messaging from
$20 and $50, respectively, to $100.
6. Allows for primary enforcement of a violation of using
any wireless communication device while driving for
drivers under the age of 18.
7. Requires a county treasurer to submit $10 from each fine
collected for these violations to the State Controller
for an education program on the dangers of cell phone
use and text messaging while driving. The funds would
be allocated to the Office of Traffic Safety upon
appropriation by the Legislature in the Budget Bill.
Background
The author's office 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 messaging while driving.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Penalty revenues Unknown
increase in penalty Various*
revenues
DMV: license exam minor costs, if any
to include Special**
specific questions on driver's license
exam
Education program unknown
revenue gains from fines Special***
funds collected for use by OTS for education
program
Local mandate minor
costs to county treasurers, General
potentially reimbursable
*Penalty revenues are distributed by statutory formula to
the General Fund, various special funds, and local funds
**Motor Vehicle Account
SUPPORT : (Verified 5/13/10)
Automobile Club of Southern California
California Bicycle Coalition
California State Automobile Association
Cheap School (Traffic School)
Comedy Traffic School
Consumers for Auto Reliability
Driving School Association of California, Inc.
Great Comedians 2 (Traffic School)
Pizza 4U (Traffic School)
San Francisco Bicycle Coalition
Traffic Safety Consultants, Inc.
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OPPOSITION : (Verified 5/13/10)
California Conference Board of the Amalgamated Transit
Union
California Conference of Machinists
California Teamsters Public Affairs Council
ARGUMENTS IN SUPPORT : The California State Automobile
Association supports this bill stating "Driver inattention
is a factor in more than one million crashes annually and
results in many thousands of deaths and serious injuries.
Studies show that using a cell phone while driving
quadruples the risk of crashing. Increasing the base fines
for cell phone and texting violations could result in
better compliance with those prohibitions in California.
Raising the base fine to $50 makes the total fine for a
first time violation about $250 once penalty assessments
are added. In addition, drivers will have points imposed
on their record, which could potentially affect their
insurance rates. These financial incentives should serve
as a deterrent to picking up the phone or sending a message
while operating a vehicle when alternatives are available -
such as pulling over to a safe location before making the
call or sending the message."
ARGUMENTS IN OPPOSITION : The Teamsters state in
opposition "SB 1475 would treat citations issued for
violation of the prohibition against driving while texting
or using a cell phone as a moving violation, for which the
driver would be assigned a "point" on their record.
This bill will have a disproportionate impact on commercial
drivers, whose commercial licenses will be affected even if
the violation occurs in a private automobile."
JJA:do 5/13/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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