Amended in Assembly May 8, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1646

Introduced by Assembly Member Frazier

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(Coauthor: Assembly Member Gatto)

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February 11, 2014

An act to amend Sections 12804.9, 12810.3, 23123, 23123.5, and 23124 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1646, as amended, Frazier. Vehicles: electronic wireless communication devices: prohibitions.

(1) Existing law requires the Department of Motor Vehicles to examine applicants for specific driver’s licenses and requires that the examination include, among other things, a test of the begin delete applicants end delete begin insert applicant’s end insert knowledge and understanding of the provision of the Vehicle Code governing the operation of vehicles upon the highways.

This bill would require the above-described examination to also include a test of the applicant’s understanding of the distractions and dangers of handheld cellular phone use and text messaging while operating a motor vehicle.

(2) Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of suspension or revocation of the privilege to drive.

Under existing law, it is an infraction for begin delete any end delete begin insert a end insert person to drive a motor vehicle while using a wireless telephone, or an electronic wireless communications device to write send, or read a text-based communication, unless the telephone or electronic wireless communications device is designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving, except as otherwise provided. A person under 18 years of age is prohibited from driving a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.

This bill would assess a violation point for a 2nd or subsequent conviction of a violation of these provisions. This bill would also increase the base fines for a violation of any of the above-described prohibitions involving driving a motor vehicle while using a wireless telephone or an electronic wireless communications device from $20 to $50, and the fine for a 2nd or subsequent offense from $50 to $100.

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(3) Existing law prohibits a law enforcement officer from stopping a vehicle for the sole purpose of determining whether a driver, who is under 18 years of age, is violating the prohibition of driving a motor vehicle while using a telephone or an electronic wireless communications device.

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This bill would delete the above prohibition.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 12804.9 of the Vehicle Code is amended
to read:

12804.9.  

(a) (1) The examination shall include all of the
following:

(A) A test of the applicant’s knowledge and understanding of
this code governing the operation of vehicles upon the highways.

(B) A test of the applicant’s ability to read and understand
simple English used in highway traffic and directional signs.

(C) A test of the applicant’s understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.

(D) A test of the applicant’s understanding of the distractions
and dangers of handheld cellular phone use and text messaging
while operating a motor vehicle.

(E) An actual demonstration of the applicant’s ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type
of motor vehicle or combination of vehicles he or she desires a
license to drive, except that the department may waive the driving
test part of the examination for an applicant who submits a license
issued by another state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico if
the department verifies through any acknowledged national driver
record data source that there are no stops, holds, or other
impediments to its issuance. The examining officer may request
to see evidence of financial responsibility for the vehicle prior to
supervising the demonstration of the applicant’s ability to operate
the vehicle. The examining officer may refuse to examine an
applicant who is unable to provide proof of financial responsibility
for the vehicle, unless proof of financial responsibility is not
required by this code.

(F) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant’s
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.

(2) (A) Before a class A or class B driver’s license, or class C
driver’s license with a commercial endorsement, may be issued
or renewed, the applicant shall have in his or her driver record a
valid report of a medical examination of the applicant given not
more than two years prior to the date of the application by a health
care professional. As used in this paragraph, “health care
professional” means a person who is licensed, certified, or
registered in accordance with applicable state laws and regulations
to practice medicine and perform physical examinations in the
United States. Health care professionals are doctors of medicine,
doctors of osteopathy, physician assistants, and registered advanced
practice nurses, or doctors of chiropractic who are clinically
competent to perform the medical examination presently required
of motor carrier drivers by the United States Department of
Transportation. The report shall be on a form approved by the
department. In establishing the requirements, consideration may
be given to the standards presently required of motor carrier drivers
by the Federal Motor Carrier Safety Administration.

(B) The department may accept a federal waiver of one or more
physical qualification standards if the waiver is accompanied by
a report of a nonqualifying medical examination for a class A or
class B driver’s license, or class C driver’s license with a
commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of
Subpart E of Part 391 of Title 49 of the Code of Federal
Regulations.

(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability shall
not prevent the issuance of a license to the applicant.

(b) In accordance with the following classifications, an applicant
for a driver’s license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:

(1) Class A includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a combination of vehicles, if a vehicle being towed has a gross
vehicle weight rating or gross vehicle weight of more than 10,000
pounds.

(B) A vehicle towing more than one vehicle.

(C) A trailer bus.

(D) The operation of all vehicles under class B and class C.

(2) Class B includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a single vehicle with a gross vehicle weight rating or gross vehicle
weight of more than 26,000 pounds.

(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.

(C) A bus with a gross vehicle weight rating or gross vehicle
weight of more than 26,000 pounds, except a trailer bus.

(D) A farm labor vehicle.

(E) A single vehicle with three or more axles or a gross vehicle
weight rating or gross vehicle weight of more than 26,000 pounds
towing another vehicle with a gross vehicle weight rating or gross
vehicle weight of 10,000 pounds or less.

(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.

(G) The operation of all vehicles covered under class C.

(3) Class C includes the following:

(A) A two-axle vehicle with a gross vehicle weight rating or
gross vehicle weight of 26,000 pounds or less, including when the
vehicle is towing a trailer or semitrailer with a gross vehicle weight
rating or gross vehicle weight of 10,000 pounds or less.

(B) Notwithstanding subparagraph (A), a two-axle vehicle
weighing 4,000 pounds or more unladen when towing a trailer
coach not exceeding 9,000 pounds gross.

(C) A house car of 40 feet in length or less.

(D) A three-axle vehicle weighing 6,000 pounds gross or less.

(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle shall not tow another vehicle in violation of Section 21715.

(F) (i) A two-axle vehicle weighing 4,000 pounds or more
unladen when towing either a trailer coach or a fifth-wheel travel
trailer not exceeding 10,000 pounds gross vehicle weight rating,
when the towing of the trailer is not for compensation.

(ii) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing a fifth-wheel travel trailer exceeding 10,000 pounds,
but not exceeding 15,000 pounds, gross vehicle weight rating,
when the towing of the trailer is not for compensation, and if the
person has passed a specialized written examination provided by
the department relating to the knowledge of this code and other
safety aspects governing the towing of recreational vehicles upon
the highway.

(iii) The authority to operate combinations of vehicles under
this subparagraph may be granted by endorsement on a class C
license upon completion of that written examination.

(G) A vehicle or combination of vehicles with a gross
combination weight rating or a gross vehicle weight rating, as
those terms are defined in subdivisions (j) and (k), respectively,
of Section 15210, of 26,000 pounds or less, if all of the following
conditions are met:

(i) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.

(ii) Is used exclusively in the conduct of agricultural operations.

(iii) Is not used in the capacity of a for-hire carrier or for
compensation.

(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant
to Section 12804.11.

(I) A motorized scooter.

(J) A bus with a gross vehicle weight rating or gross vehicle
weight of 26,000 pounds or less, except a trailer bus.

(K)  Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.

(4) Class M1 includes a two-wheel motorcycle or a motor-driven
cycle. Authority to operate a vehicle included in a class M1 license
may be granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination.

(5) (A) Class M2 includes the following:

(i) A motorized bicycle or moped, or a bicycle with an attached
motor, except a motorized bicycle described in subdivision (b) of
Section 406.

(ii) A motorized scooter.

(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination, except that no
endorsement is required for a motorized scooter. Persons holding
a class M1 license or endorsement may operate vehicles included
in class M2 without further examination.

(c) A driver’s license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision
(b) of Section 15210, any other motor vehicle defined in paragraph
(1) or (2) of subdivision (b), or any other vehicle requiring a driver
to hold a driver certificate or a driver’s license endorsement under
Section 15275, unless a medical certificate approved by the
department that has been issued within two years of the date of
the operation of that vehicle and a copy of the medical examination
report from which the certificate was issued is on file with the
department. Otherwise, the license is valid only for operating class
C vehicles that are not commercial vehicles, as defined in
subdivision (b) of Section 15210, and for operating class M1 or
M2 vehicles, if so endorsed, that are not commercial vehicles, as
defined in subdivision (b) of Section 15210.

(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate
the class or type of vehicles specified under the law in existence
prior to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled. Upon application for
renewal or replacement of a driver’s license, endorsement, or
certificate required to operate a commercial motor vehicle, a valid
medical certificate on a form approved by the department shall be
submitted to the department.

(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a driving
test, on class A or B applications, if the applicant has first qualified
for a class C license and has met the other examination
requirements for the license for which he or she is applying. The
certificate may be submitted as evidence of the applicant’s skill
in the operation of the types of equipment covered by the license
for which he or she is applying.

(f) The department may accept a certificate of competence in
lieu of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for
which he or she is applying.

(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved
by the commissioner pursuant to Section 2932 in lieu of a driving
test on class M1 or M2 applications, if the applicant has met the
other examination requirements for the license for which he or she
is applying. The department shall review and approve the written
and driving test used by a program to determine whether the
program may issue a certificate of completion.

(h) Notwithstanding subdivision (b), a person holding a valid
California driver’s license of any class may operate a short-term
rental motorized bicycle without taking a special examination for
the operation of a motorized bicycle, and without having a class
M2 endorsement on that license. As used in this subdivision,
“short-term” means 48 hours or less.

(i) A person under 21 years of age shall not be issued a class
M1 or M2 license or endorsement unless he or she provides
evidence satisfactory to the department of completion of a
motorcycle safety training program that is operated pursuant to
Article 2 (commencing with Section 2930) of Chapter 5 of Division
2.

(j) A driver of a vanpool vehicle may operate with a class C
begin delete license end delete begin insert license, end insert but begin insert he or she end insert shall possess evidence of a medical
examination required for a class B license when operating vanpool
vehicles. In order to be eligible to drive the vanpool vehicle, the
driver shall keep in the vanpool vehicle a statement, signed under
penalty of perjury, that he or she has not been convicted of reckless
driving, drunk driving, or a hit-and-run offense in the last five
years.

SEC. 2.  

Section 12810.3 of the Vehicle Code is amended to
read:

12810.3.  

Notwithstanding subdivision (f) of Section 12810, a
violation point shall only be given for a second or subsequent
conviction of a violation of subdivision (a) of Section 23123,
subdivision (a) of Section 23123.5, or subdivision (b) of Section
23124.

SEC. 3.  

Section 23123 of the Vehicle Code is amended to read:

23123.  

(a) A person shall not drive a motor vehicle while using
a wireless telephone unless that telephone is specifically designed
and configured to allow hands-free listening and talking, and is
used in that manner while driving.

(b) A violation of subdivision (a) is an infraction punishable by
a base fine of fifty dollars ($50) for a first offense and one hundred
dollars ($100) for each subsequent offense.

(c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to,
an emergency call to a law enforcement agency, health care
provider, fire department, or other emergency services agency or
entity.

(d) This section does not apply to an emergency services
professional using a wireless telephone while operating an
authorized emergency vehicle, as defined in Section 165, in the
course and scope of his or her duties.

(e) This section does not apply to a person driving a schoolbus
or transit vehicle that is subject to Section 23125.

(f) This section does not apply to a person while driving a motor
vehicle on private property.

SEC. 4.  

Section 23123.5 of the Vehicle Code is amended to
read:

23123.5.  

(a) A person shall not drive a motor vehicle while
using an electronic wireless communications device to write, send,
or read a text-based communication, unless the electronic wireless
communications device is specifically designed and configured to
allow voice-operated and hands-free operation to dictate, send, or
listen to a text-based communication, and it is used in that manner
while driving.

(b) As used in this section “write, send, or read a text-based
communication” means using an electronic wireless
communications device to manually communicate with begin delete any end delete begin insert a end insert
person using a text-based communication, including, but not limited
to, communications referred to as a text message, instant message,
or electronic mail.

(c) For purposes of this section, a person shall not be deemed
to be writing, reading, or sending a text-based communication if
the person reads, selects, or enters a telephone number or name in
an electronic wireless communications device for the purpose of
making or receiving a telephone call or if a person otherwise
activates or deactivates a feature or function on an electronic
wireless communications device.

(d) A violation of subdivision (a) is an infraction punishable by
a base fine of fifty dollars ($50) for a first offense and begin insert a fine of end insert
one hundred dollars ($100) for each subsequent offense.

(e) This section does not apply to an emergency services
professional using an electronic wireless communications device
while operating an authorized emergency vehicle, as defined in
Section 165, in the course and scope of his or her duties.

SEC. 5.  

Section 23124 of the Vehicle Code is amended to read:

23124.  

(a) This section applies to a person under 18 years of
age.

(b) Notwithstanding Sections 23123 and 23123.5, a person
described in subdivision (a) shall not drive a motor vehicle while
using a wireless telephone or an electronic wireless
communications device, even if equipped with a hands-free device.

(c) A violation of this section is an infraction punishable by a
base fine of fifty dollars ($50) for a first offense and begin insert a fine of end insert one
hundred dollars ($100) for each subsequent offense.

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(d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is violating
subdivision (b).

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(e) Subdivision (d) does not prohibit a law enforcement officer
from stopping a vehicle for a violation of Section 23123 or 23123.5.

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(d)

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begin insert ( end insert begin insert f) end insert  This section does not apply to a person using a wireless
telephone or a mobile service device for emergency purposes,
including, but not limited to, an emergency call to a law
enforcement agency, health care provider, fire department, or other
emergency services agency or entity.

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(e)

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begin insert ( end insert begin insert g) end insert  For purposes of this section, “electronic wireless
communications device” includes, but is not limited to, a broadband
personal communication device, specialized mobile radio device,
handheld device or laptop computer with mobile data access, pager,
and two-way messaging device.