BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1536
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: miller
VERSION: 5/3/2012
Analysis by: Eric Thronson FISCAL: no
Hearing date: June 12, 2012
SUBJECT:
Hands-free, voice-operated texting while driving
DESCRIPTION:
This bill allows drivers to dictate, send, or listen to
text-based communications as long as they do so using technology
specifically designed and configured to allow voice-operated and
hands-free operation.
ANALYSIS:
Existing law prohibits a driver from using an electronic
wireless communications device (such as a cell phone) to write,
send, or read any text-based communication (e.g. text message,
instant message, or email message). Further, existing law does
not consider reading, selecting, or entering a telephone number
into a wireless communications device the same activity as
texting and therefore does not prohibit such action.
This bill :
Eliminates the prohibition of dictating, sending, or listening
to a text-based communication while driving as long it is with
an electronic wireless communications device specifically
designed and configured to allow voice-operated and hands-free
operation.
Expressly permits a person to activate or deactivate a feature
or function on an electronic wireless communications device.
COMMENTS:
1.Purpose . According to the author, this bill aims to clarify
the use of voice-activated, hands-free devices while driving.
The author claims Americans spend an average of 64 minutes per
day commuting to and from work and that it is unfair to
AB 1536 (MILLER) Page 2
require them to be out of touch while behind the wheel as long
as they are abiding by the law. This bill allows drivers to
use the most modern communications systems and devices while
maintaining the safety of hands-free operation by simply
allowing them to use the latest voice-activated, hands-free
technology.
2.Distracted driving . There have been many distracted driving
studies conducted by a variety of constituencies and focused
on a number of potential distractions. Nearly all studies
conclude that, in most instances, it is very difficult to
identify one single factor that led to an adverse incident
such as an automobile accident. Research tends to show that
accidents arise from an accumulation of factors, including
distractions within and outside the vehicle, weather
conditions, and even the driver's own distracted thoughts.
Adding distractions, such as dictating or listening to text
messages, can only increase the risk of negative outcomes.
The question is not whether the use of voice-activated,
hands-free communications causes accidents and other negative
consequences, but how many distractions are enough to create
an environment potentially too risky and dangerous for people
travelling from one place to another.
RELATED LEGISLATION:
SB 1310 (Simitian) increases 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 talking or texting using a wireless
communications device while driving, and adds dangers of talking
or texting while driving to the list of items that DMV must
include in an examination for a driver's license. Pending in
the Assembly Transportation Committee.
Assembly Votes:
Floor: 69 -3
Trans: 11 - 0
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 6, 2012)
SUPPORT: Los Angeles County District Attorney's Office
Alliance of Automobile Manufacturers
AB 1536 (MILLER) Page 3
Technology Association of America
OPPOSED: None received