BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1310|
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THIRD READING
Bill No: SB 1310
Author: Simitian (D)
Amended: 4/25/12
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 6-1, 3/27/12
AYES: DeSaulnier, Harman, Kehoe, Pavley, Rubio, Simitian
NOES: Gaines
NO VOTE RECORDED: Lowenthal, Wyland
SENATE APPROPRIATIONS COMMITTEE : 5-1, 4/30/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Dutton
NO VOTE RECORDED: Walters
SUBJECT : Driving or bicycling while using a wireless
communications device
SOURCE : Author
DIGEST : This bill 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 Department of Motor
Vehicles (DMV) must include in an examination for a
driver's license.
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ANALYSIS : Existing law prohibits, with some exceptions,
a person from using a handheld wireless phone, unless
equipped with hands-free technology, 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.
After all penalty assessments, fees, and surcharges are
added to the base fine, the total bail for a base fine of
$20 is $211 and the total bail for a base fine of $50 is
$331. 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.
In addition, 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. 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 DMV
shall either suspend or revoke his/her driver's license. A
conviction of talking or texting while driving does not
currently result in a point.
Finally, existing law requires specific elements of the
driver's license examination, such as a test of the
applicant's ability to read and understand simple English
used in highway and directional signs.
This bill:
1. Increases the base fine from $20 to $30 for the first
offense and from $50 to $60 for any subsequent offense
of driving while using a handheld wireless
communications device to talk or text, or if a person is
under the age of 18, using any wireless communications
device.
2. Makes it a primary offense for a minor to use a wireless
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communications device while driving and therefore allows
officers to stop a vehicle for the sole purpose of
determining whether a driver is a minor and using such a
device.
3. Prohibits a bicyclist from riding a bike while using a
handheld wireless communication device to talk or text.
In doing so, this bill establishes a total fine of $20
for an initial violation and $50 for any subsequent
violation. This amount will be the total amount
collected and will not include any other penalties,
assessments, surcharges, or fees.
4. Provides that a point shall be assigned to a driver's
license for a second or subsequent conviction of driving
while using a handheld wireless communications device to
talk or text or, if a driver is under the age of 18,
using any wireless communications device for any purpose
while driving. This point does not apply to a bicyclist
who is convicted of using a handheld telephone while
cycling.
5. Adds a test of a driver's understanding of the
distractions and dangers of handheld cellular telephone
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.
6. Establishes the Distracted Driver Education Fund and
requires the State Controller to deposit $10 from each
fine collected for using these devices while driving to
support an education program on the dangers of this
behavior. This bill also requires legislative
appropriation of these funds to the Office of Traffic
Safety (OTS) in the Business, Transportation, and
Housing Agency (BT&H) for this purpose.
7. Allows county treasurers to withhold a sufficient amount
from each fine collected to reimburse the courts in the
county for their actual, reasonable, and necessary costs
associated with processing fines collected for talking
or texting while driving.
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Comments
Purpose . This bill seeks to reduce further traffic
collisions and fatalities related to distracted driving.
According to the author's office, while studies show some
level of compliance with existing laws involving cell phone
use, improved compliance could lead to fewer collisions and
fatalities on our roads. The author's office claims that
traffic safety experts attempt to improve compliance with
the law through enactment of three strategies: education,
enforcement, and establishing a significant deterrent. By
enhancing penalties relating to talking on a handheld cell
phone or texting while driving and using the increased
revenue to fund an educational program operated through
OTS, the author's office contends this bill improves the
efficacy of two of these three strategies.
Recent study results . The prohibition against talking or
using a handheld telephone while driving went into effect
on July 1, 2008 and the prohibition against texting while
driving went into effect on January 1, 2009. A recent
analysis, conducted by the Safe Transportation Research and
Education Center at the University of California, Berkeley,
concluded that overall traffic deaths declined 22% since
July of 2008, while handheld cell phone driver deaths went
down 47%. These results tend to indicate that these
traffic laws have provided some benefit, though it is
important to use caution when interpreting these findings
as it is difficult to identify one factor influencing these
outcomes to the exclusion of all others.
According to OTS, contributing to the decline in cell phone
related traffic deaths and injuries is an overall drop in
cell phone usage while driving. A recent OTS survey showed
40% of California drivers reported talking less since the
enactment of the handheld cell phone ban. This response
suggests that some drivers have adjusted their behavior in
response to the change in law; however it also seems to
indicate that many drivers have not improved behavior at
all. This raises the question of whether the penalty needs
to be increased to be a more effective deterrent, or if
some other measure is required to change people's behavior.
OTS Director Christopher Murphy recently commented that,
"While we are thrilled to see that the handheld ban has
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worked to reduce distracted driving crashes and overall
cell phone use, there are still far too many drivers
talking and texting while driving."
Governor's veto . This bill is the same as SB 28
(Simitian), which passed the Senate Transportation and
Housing Committee last year 6 to 3 and which Governor Brown
ultimately vetoed. The author intends to amend the bill in
committee such that it does not increase the base fine
amounts as much, only by the $10 to be directed to fund the
new educational program. The author is making this change
in response to the Governor's veto message in which he
stated that he supports discouraging cell phone use while
driving, but feels the current fines and penalty
assessments are sufficient deterrents.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee analysis:
Unknown increase in penalty revenues (General Fund,
various special funds, local funds).
Minor costs, if any, to the DMV to include a specific
question on the driver's license exam (Motor Vehicle
Account).
Unknown revenue gains, likely in the low millions, from
fines collected for use by the Office of Traffic Safety
for a distracted driving education program (Distracted
Driver Education Fund - created by this bill)
Likely minor reimbursable mandate costs by requiring
county treasurers to divert $10 from each fine to the
State Controller's Office for deposit into the
Distracted Driver Education Fund (General Fund).
Unknown court programming costs related to withholding
penalty assessments and charges on bicycle convictions,
partially offset by fines collected (Trial Court Trust
Fund).
SUPPORT : (Verified 5/1/12)
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California Bicycle Coalition
Consumers for Auto Reliability and Safety
Driving School Association of California
Metropolitan Transportation Commission
Peace Officers Research Association of California
JJA:kc 5/1/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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