BILL ANALYSIS �
AB 1646
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Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1646 (Frazier) - As Introduced: February 11, 2014
Policy Committee:
TransportationVote:13-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill modifies provisions regarding the use of a cellular
phone or text messaging while driving a motor vehicle.
Specifically, this bill:
1) Requires the driving examination to test the applicant's
understanding of the distractions and dangers of using a
cellular telephone and text messaging while driving.
2) Makes the following enhancement to provisions regarding
violations for using a cellular telephone or electronic
wireless communications device while driving:
a) Requires that a violation point be placed on a person's
driving record if convicted on a second or subsequent
violation.
b) Increases the base fine for violations from $20 to $50
for the first offense (from $213 to $336 total when all
statutory penalties and assessments are added) and from $50
to $100 for each subsequent offense (from $336 to $541
total).
c) Allows for the primary enforcement of a violation
involving a person under age 18.
FISCAL EFFECT
1)Costs to DMV would be minor and absorbable to revise the
written exam and for a small increase in negligent operator
hearings. Programming costs would also be minor as DMV
AB 1646
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indicates programming is in process that mirrors the
requirements in this bill.
2)Additional fine revenue, distributed per current statutory
allocations, in the low tens of millions of dollars annually,
depending on the deterrent effect of the higher fines. (The
estimated additional revenue for a similar bill in 2012 that
increased the base fines by only $10 was about $6 million.)
COMMENTS
1) Background . In California, the prohibition against
cellular phone use while driving went into effect July 1,
2008. The prohibition against texting while driving was
effective January 1, 2009. For licensed drivers under age
18, the prohibition of using any electronic wireless
communication device went into effect July 1, 2008.
Despite the enactment of these laws and known risks associated
with talking or texting on a cellular phone or electronic
wireless communications device while driving, a number of
studies have found that motorists continue to do so. A survey
conducted by AAA in 2012 found that over half those surveyed
(57.4%) had admitted to using their hand-held cellular phone
rather than a hands-free device at least once while driving in
the past 30 days. Additionally, approximately one in four
(26.6%) admitted to typing or sending a text message or email
at least once while driving within the past 30 days. Lastly,
AAA found more than one in three (34.6%) reported reading at
text message or email while driving.
In a more recent survey of 2,500 teens conducted by Liberty
Mutual and Students Against Destructive Decisions (SADD), 86%
of teen drivers said that they talk or text on their cell
phone while driving and 68% of these drivers said that the
read or send text messages when driving.
2) Purpose . The author contends that by strengthening
current fines and penalties coupled with testing drivers on
the known risks of distracted driving, this bill will
reduce the number of violations and accidents caused by
motorists engaging in distracted driving activities.
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3) Opposition . Safer Streets LA believes that penalties for
prohibited cellular phone use should not be increased until
existing law is clarified so that motorists, as well as law
enforcement, know exactly which activities are prohibited
and the law is applied correctly, arguing that "many
motorists are receiving citations for other activities such
as touching a phone's screen to answer a call, checking map
applications, or simply observing the time, often when the
vehicle isn't even in motion."
4) Prior Legislation . In 2012, SB 1310 (Simitian), which
would have increased the penalties related to using a
wireless communications device while operating a vehicle
and added the dangers of talking or texting while driving
to the list of items that DMV must include in an
examination for a driver's license, was vetoed, with the
Governor arguing that existing penalties and fines for
using a cellular phone when driving were an effective
deterrent and that increasing the fines may not further
reduce violations. This bill has much larger fine increases
than SB 1310.
5) Current DMV Study . The department indicates it is
currently working on a grant funded by the Office of
Traffic Safety that will analyze data on distracted
drivers. This will include providing a literature review on
the effectiveness of wireless communication device laws,
determining the characteristics of wireless communication
device law violators, and providing trends in crashes
involving wireless communication devices in California.
The data for this research will be collected from the CHP's
Statewide Integrated Traffic Records System and DMV's
Driver License Master File. Upon completion of the
research, a report detailing the findings and possible
recommendations for combating this problem will be
published.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081