Amended in Senate August 5, 2014

Amended in Assembly May 8, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1646

Introduced by Assembly Member Frazier

(Coauthor: Assembly Member Gatto)

February 11, 2014

An act to begin delete amend Sections 12804.9, 12810.3, 23123, 23123.5, and 23124 of end delete begin insert amend, repeal, and add Section 12810.3 of, and to add Section 1666.7 to, end insert 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 begin delete that the examination include, among other things, a test of the applicant’s knowledge and understanding of the provision of the Vehicle Code governing the operation of vehicles upon the highways. end delete begin insert the department to administer a written test of those persons seeking driver’s licenses or certificates of renewal. end insert

This bill begin insert , commencing July 1, 2015, end insert would require begin delete the above-described examination end delete begin insert the department end insert to begin delete also end delete include begin delete a test of the end delete begin insert at least one question in each test of an end insert applicant’s begin insert knowledge and end insert understanding of the begin insert provisions of the Vehicle Code end insert begin insert to verify that the applicant has read and understands the end insert distractions and dangers begin delete of end delete begin insert associated with end insert 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 a 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. begin insert A violation point is not given for a violation of these provisions. end insert

begin delete

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.

end delete begin insert

This bill, commencing July 1, 2015, would assess a violation point for a conviction of these violations.

end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1666.7 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 1666.7. end insert   

(a) The department shall include in each
noncommercial driver’s license examination at least one question
in each test of an applicant’s knowledge and understanding of the
provisions of this code, as administered pursuant to Section 12803
or 12814, to verify that the applicant has read and understands
the distractions and dangers associated with handheld cellular
phone use and text messaging while operating a motor vehicle.

(b) This section shall become operative on July 1, 2015.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 12810.3 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

12810.3.  

begin insert (a) end insert begin insert   end insert Notwithstanding subdivision (f) of Section 12810,
a violation point shall not be given for a conviction of a violation
of subdivision (a) of Section 23123, subdivision (a) of Section
23123.5, or subdivision (b) of Section 23124.

begin insert

(b) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12810.3 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12810.3. end insert   

(a) Pursuant to subdivision (f) of Section 12810, a
violation point shall be given for a conviction of a violation of
subdivision (a) of Section 23123, subdivision (a) of Section
23123.5, or subdivision (b) of Section 23124.

(b) This section shall become operative on July 1, 2015.

end insert

All matter omitted in this version of the bill appears in the bill as amended in the Assembly, May 8, 2014. (JR11)