BILL ANALYSIS �
SB 1310
Page 1
SENATE THIRD READING
SB 1310 (Simitian)
As Amended August 20, 2012
Majority vote
SENATE VOTE :24-10
TRANSPORTATION 9-3 APPROPRIATIONS 12-5
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|Ayes:|Bonnie Lowenthal, |Ayes:|Gatto, Blumenfield, |
| |Achadjian, Blumenfield, | |Bradford, |
| |Bonilla, Buchanan, Eng, | |Charles Calderon, Campos, |
| |Furutani, Galgiani, | |Davis, Fuentes, Hall, |
| |Solorio | |Hill, Cedillo, Mitchell, |
| | | |Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jeffries, Logue, Norby |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Modifies provisions related to driving or bicycling
while using a cellular phone or texting. Specifically, this
bill :
1)Requires the Department of Motor Vehicles (DMV) test a
driver's license applicant for their understand regarding the
distractions and dangers of handheld cellular phone use and
text messaging while driving.
2)Requires DMV to assess a violation point on a second or
subsequent offense of using a cellular phone or text messaging
while driving.
3)Prohibits using a cellular phone (unless it is configured to
allow for hands-free listening and talking) and texting while
riding a bicycle, a violation of which is punishable by a
total fine of $20 for the first offense and $50 for each
subsequent offense.
4)Provides that the prohibition against using a cellular phone
while riding a bicycle does not apply to cellular phone use
for emergency purposes.
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5)Provides that the prohibition against using a cellular phone
and texting while riding a bicycle does not apply on private
property.
6)Provides that using a cellular phone and texting while riding
a bicycle does not result in a violation point count.
7)Increases the base fine for violation of driving while using a
cellular phone or electronic wireless communications device
from $20 to $30 for the first offense and from $50 to $60 for
each subsequent offense.
8)Increases the base fine for violation of the prohibition for
using a cellular phone while driving for persons under 18
years of age from a base fine of $20 to $30 for a first
offense and from $50 to $60 for each subsequent offense.
9)Makes it a primary offense for a teen driver (under age 18) to
use a cellular phone (with or without a hands-free device)
while driving a motor vehicle.
10)Creates the Distracted Driver Education Fund (Fund) in the
State Treasury and requires that the county treasurer submit
$10 from each fine collected, via the State Controller's
Office (SCO) into the Fund to provide education programs on
the dangers of cellular phone use and text messaging while
driving administered by the Office of Traffic Safety (OTS).
11)Authorizes that funds be withheld from fines transferred from
the county to the Fund to reimburse the county courts for
costs associated with processing the violations.
12)Incorporates amendments proposed by this bill and AB 2188
(Bonnie Lowenthal) and AB 1536 (Miller)
13)Makes related, clarifying changes.
EXISTING LAW :
1)Requires DMV to test an applicant's knowledge and
understanding of laws governing the operation of vehicles upon
highways.
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2)Establishes that certain convictions and incidents count as
points against a driver's record for the purposes of
suspension or revocation of the driving privilege.
3)Prohibits cellular phone use while driving unless the device
is configured to allow hands-free operation.
4)Prohibits persons less than 18 years of age from using
cellular phones while driving regardless of whether or not it
is equipped with a hands-free device.
5)Prohibits sending, receiving or reading text communications
while driving.
6)Establishes a base fine of $20 for violating prohibitions
against use of cellular phones while driving for a first
offense and $50 for second or subsequent convictions.
7)Prohibits teen drivers (under age 18) from using a cellular
phone (even if it is configured for hands-free use) while
driving.
8)Prohibits law enforcement from stopping a teen driver (under
age 18) for the sole purpose of determining whether the driver
is violating the prohibition of using cellular phone while
driving.
9)Requires that fines collected from violations for crimes other
than parking be subject to distribution to specified state or
local agency funds.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would likely result in an unknown increase
in fine and penalty revenues, redirection of approximately $1.5
million annually from the General Fund to the Distracted Driver
Education Fund, minor and absorbable costs to Department of
Motor Vehicles to modify its driving test, and minor costs to
county courts, which could be reimbursed from fine revenue.
COMMENTS : The prohibition against cellular phone use while
driving went into effect on July 1, 2008, and the prohibition
against texting while driving went into effect on January 1,
2009. Studies performed by the Safe Transportation Research and
Education Center (SafeTREC) comparing the two years before the
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implementation of laws banning handheld cellular phone use (July
2006-June 2008) with the two years after implementation of the
law (July 2008 to June 2010) show that overall traffic deaths
declined by 22% while handheld cellular phone driver deaths went
down by 47%. These statistics suggest that laws banning
handheld cellular phone use while driving has had a positive
impact on reducing traffic fatalities and injuries.
Contributing to the decline in cellular phone-related deaths and
injuries is an overall drop in cellular phone usage while
driving. A Statewide Intercept Opinion Survey commissioned with
federal funds by OTS showed 40% of California drivers reported
that they talk less (both handheld and hands-free) since the
enactment of the handheld cellular phone ban. In February 2010,
the Insurance Institute for Highway Safety (IIHS) reported
similar results from their telephone survey which found that 44%
of drivers in states with bans reported they do not use phones
when driving, compared with 30 % in states without such laws.
Further, IIHS observation research found that bans on handheld
phoning while driving can have lasting effects in curbing
handheld cellular phone use. The same OTS opinion poll showed
that 62% of respondents stated that texting and talking on
cellular phones is the biggest safety concern on California
roadways and 84% claimed that cellular phone conversations or
texting while driving constitute the most serious distractions
while driving.
Despite the gains made in reducing handheld cellular phone use
and texting while driving, the statistics continue to indicate
that these laws are ignored by a significant segment of the
population. The data provided by the author indicates that the
reason for the overall lack of compliance is related to the
nominal penalties and sporadic enforcement. In fact, a recent
OTS survey showed that 40% of California drivers reported
talking less on cellular phones while driving since the
enactment of legislating banning cellular phone use and texting
while driving. While this response suggests that some drivers
have adjusted their behavior in response to recent legislation
the results also indicate that the majority drivers (60%) have
not made any changes in their behavior.
The author argues that stronger penalties would likely improve
compliance, particularly in conjunction with execution of
awareness campaigns that point out the inherent dangers of
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talking on phones and texting while driving. Therefore, the
author has introduced this legislation to modestly increase
fines and penalties for handheld cellular phone use and texting
while with additional the revenue generated used to a fund
distracted driver public education campaigns.
The bill is nearly identical to SB 28 (Simitian) of 2011, which
was passed by the Legislature last year but was vetoed by
Governor Brown on the grounds that he believes the current
penalties constitute a sufficient deterrent. SB 28 would have
doubled fines for handheld cellular phone use while driving
(from $20 to $50 for a first offense and from $50 to $100 for
subsequent offenses). To address the Governor's concerns, the
author has substantially reduced the fine increase proposed in
SB 28, increasing fines by $10 (from $20 to $30 for a first
offense and from $50 to $60 for subsequent offenses).
In addition to increasing fines for handheld cellular phone use
and texting while driving, this bill also extends the reach of
current law by proposing a prohibition against handheld phone
use (for non-emergency purposes) and text messaging while riding
a bicycle. Although use of cellular phones and texting while
riding a bicycle can cause substantial danger to the bicyclist
and possibly put pedestrians and other bicyclists at risk, the
offense pales in comparison to the catastrophic outcomes that
could result from doing these same activities while driving a
car. As a result, this bill establishes a comparatively small,
$20 total, fine for a first offense and $50 total fine for a
subsequent offense with no assignment of driver violation
points.
In an attempt to conform state law with possible future federal
legislation related to distracted driving, that author has
included additional provisions in the bill that include
addressing the dangers of distracted driving in the California's
driver's license exam and making talking on a cellular phone and
texting a primary offense for teen drivers.
Writing in support of this bill, the California Bicycle
Coalition (CBC) notes that in 2011, State Farm released an
information poll that showed 74% of respondents reported making
or receiving calls at least once weekly while driving and 35%
who reported sending or receiving texts messages at least once
weekly. CBC notes that research overwhelmingly suggests that
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cellular phone and text messaging causes cognitive impairment
comparable to that of drunk driving and that these results point
to the completely unacceptable hazard that distracted driving
poses to everyone on the road, including drivers, pedestrians,
and bicyclists.
Also writing in support of this bill, the Consumers for Auto
Reliability and Safety (CARS) notes that strengthening the
ability of the California Highway Patrol to enforce cellular
phone and texting laws for teen drivers will help to curb
violations among the highest-risk age group (teenagers) and will
help teen drivers get started on a safer track early in their
driving "careers." CARS also notes that addressing teen driving
habits early is important, particularly due to the prevalence of
texting and cellular phone use among teenagers and the inherent
tendency of young people to have a dangerously inaccurate
perception of the driving risk.
Previous legislation : This bill is very similar to SB 28
(Simitian) of 2011, and SB 1475 (Simitian) of 2010. SB 1475
passed out of the Assembly Transportation Committee, but died on
the Suspense File in the Assembly Appropriations Committee. SB
28 passed both houses of the Legislature but was vetoed by the
Governor.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093
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