BILL ANALYSIS �
AB 1536
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Date of Hearing: March 19, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1536 (Miller) - As Introduced: January 24, 2012
SUBJECT : Use of hands-free cell phone devices while driving
SUMMARY : Authorizes the use of voice-operated devices to send
and receive text messages while driving and clarifies that
activation or deactivation of a hands-free cell phone device
does not violate the prohibition against using cell phones while
driving.
EXISTING LAW:
1)Prohibits, with certain exemptions, the use of a handheld
wireless phones or engaging in text-based communications (e.g.
text messages, instant messages, or email messages) while
operating a motor vehicle.
2)Establishes a base fine of $20 for an initial offense for
either violation and a $50 fine for each subsequent offense.
3)Specifies that these violations are primary offenses such that
a law enforcement officer may stop a driver if there is cause
to believe the driver is in violation.
4)Prohibits, with specified exceptions, a driver under the age
of 18 from using any wireless communications device while
operating a motor vehicle, without regard to whether the
device is hands-free or handheld.
FISCAL EFFECT : Unknown
COMMENTS : The sponsor notes that, using a strict interpretation
of existing law, the original hands-free legislation (SB 1613
(Simitian), Chapter 290 Statutes of 2006), prohibits activation
and deactivation of hands-free devices while driving. By
introducing this legislation, the author seeks to clarify
existing law to explicitly allow for the activation and
deactivation of hands-free devices while driving and to
specifically address growing technological advancements in
voice-operated technology for text-based communications.
AB 1536
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While this bill is meant to strictly clarify existing law as it
relates to the use of hands-free cell phone devices, and to
address the application of recent voice-operated text-based
communications within the confines of existing law, it is
important to point out that a growing body of evidence suggests
that drivers lose substantial cognitive awareness when they are
concentrating on cell phone conversations, whether or not the
motorist is using a hands-free system. While the sponsor cites
that the National Highway Traffic Safety Administration (NHTSA)
has tacitly endorsed voice communication as a safe way to keep a
driver's hands on the wheel and eyes on the road, in fact, NHTSA
has recently indicated that that cell phone use while driving,
whether it is hands-free or hand-held, degrades a driver's
performance and now recommends that drivers refrain from using
cell phones while driving.
While voice-activated texting is arguably equivalent to
hands-free phoning, an activity that is legal under California
law, its explicit legalization would afford yet another
opportunity for drivers to engage in behaviors that would appear
to be detrimental to safe vehicular operations. One must ask
whether adding still more means of authorized electronic
communications will enhance or detract from highway safety.
Related legislation: SB 1310 (Simitian) of, 2012, which would
require the Department of Motor Vehicles to test a driver's
license applicant on their understanding of the distractions and
dangers of handheld cell phone use and text messaging and
address increased fines and penalties for violating electronic
wireless communication prohibitions. The bill is in Senate
Transportation and Housing Committee.
Previous legislation:
SB 1613 (Simitian), Chapter 290, Statutes of 2006, prohibits,
beginning July 1, 2008, a driver from using a wireless phone
while operating a vehicle, unless the phone is specifically
designed and configured to allow hands-free operation and is
used in that manner and prohibits the use of a wireless phone
while driving a school bus or transit vehicle, except as
specified.
SB 33 (Simitian), Chapter 214, Statutes of 2007, prohibits,
starting July 1, 2008, a person under 18 years of age from
driving a motor vehicle while using a wireless telephone
AB 1536
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equipped with a hands-free device or while using a mobile
service device.
SB 28 (Simitian), Chapter 270, Statutes of 2008, banned the use
of text messaging devices by drivers.
SB 1475 (Simitian) of 2010, would have increased the penalties
for using cell phones or texting while driving a motor vehicle,
and prohibits the use of handheld cell phones for conversing or
for texting while riding a bicycle. The bill died in the
Assembly Appropriations Committee.
SB 28 (Simitian) of 2011, would have increased the fine for cell
phone use and text messaging while driving and extended these
bans to bicycling. The bill was vetoed by Governor Brown who
stated he did not support ratcheting up the penalties since, for
people of ordinary means, current fines and penalty assessments
should be a sufficient deterrent.
REGISTERED SUPPORT / OPPOSITION :
Support
Alliance of Automobile Manufacturers (Sponsor)
Electric Vehicles International
Tech America
Opposition
None received.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093