BILL ANALYSIS �
AB 1646
Page 1
ASSEMBLY THIRD READING
AB 1646 (Frazier)
As Amended May 8, 2014
Majority vote
TRANSPORTATION 13-1 APPROPRIATIONS 16-1
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|Ayes:|Lowenthal, Linder, |Ayes:|Gatto, Bigelow, |
| |Achadjian, Bloom, Bonta, | |Bocanegra, Bradford, Ian |
| |Buchanan, Daly, Frazier, | |Calderon, Campos, Eggman, |
| |Holden, Logue, Nazarian, | |Gomez, Holden, Jones, |
| |Quirk-Silva, Waldron | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Gatto |Nays:|Donnelly |
| | | | |
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SUMMARY : Modifies provisions related to the use of a cellular
phone or text messaging while driving a motor vehicle.
Specifically, this bill :
1)Requires a driving examination to include a test of the
applicant's understanding of the distractions and dangers of
using a cellular telephone and text messaging when driving a
motor vehicle.
2)Requires that a violation point be placed on a person's
driving record if convicted on a second or subsequent
violation related to using a cellular telephone or electronic
wireless communications device while driving a motor vehicle.
3)Increases the base fines for a violation related to using a
cellular telephone or electronic wireless communications
device while driving a motor vehicle, as specified, from $20
to $50 for the first offense and from $50 to $100 for each
subsequent offense.
EXISTING LAW :
1)Requires the Department of Motor Vehicles (DMV) to examine
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applicants for specific driver's licenses and requires that
the examination tests the applicant's knowledge and
understanding of various provisions of the Vehicle Code.
2)Establishes specified convictions, violations, and fines
pertaining to the use of cellular telephones and electronic
wireless communications devices while driving a motor vehicle.
3)Prohibits DMV from issuing a point on a person's driving
record for a person being convicted of using a cellular
telephone or electronic wireless communications device while
driving a motor vehicle, as specified.
4)Prohibits a person younger than age 18 from using a cellular
telephone or electronic wireless communications device while
driving a motor vehicle, as specified.
5)Provides that the use by a driver under age 18 of a cellular
phone or electronic wireless communication device for talking
or engaging in text-based communication is a secondary
offense, meaning that a law enforcement officer may not stop a
driver solely for the purpose of determining whether or not a
driver under age 18 is violating this law.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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
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 : Laws to mitigate the dangers of distracted driving -
using a cellular telephone or wireless electronic communication
device in particular - have been enacted in some form by most
states across the country. Currently 12 states have banned
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hand-held cellular phone use while driving. The use of all
cellphones is restricted for drivers under age 18 in 37 states
and the District of Columbia. Additionally, text messaging
while driving is banned for all drivers in 43 states and the
District of Columbia.
In California, the prohibition against cellular phone use while
driving went into effect July 1, 2008. The prohibition against
texting while driving went into effect on January 1, 2009. For
licensed drivers under age 18, the prohibition of using any
electronic wireless communication device went into effect July
1, 2008.
The heightened risks associated with a motorist talking on a
cellular phone or sending/reading text messages has been well
documented. In a 2008 study, the American Automobile
Association Foundation for Traffic Safety (AAA) found that using
a cellular phone while driving quadruples a motorist's accident
risk. The National Highway Traffic Safety Administration
(NHTSA) reported that using a cellular phone for talking or
texting increases the risk of getting into an accident by three
times. NHTSA also reported that the average time a motorist is
not paying attention to the road when sending a text message is
five seconds. Furthermore, a study from the Virginia Tech
Transportation Institute similarly found that sending or
receiving a text message distracts a motorist while driving, on
average, 4.6 seconds, as a result, increasing a motorist's
accident risk approximately eight times greater than a motorist
not texting.
Despite the enactment of these laws and known risks associated
with talking or texting on a cellular phone or electronic
wireless communications device, a number of studies have found
that motorists continue to use their cellular phones and text
while driving a motor vehicle. A survey conducted by AAA in
2012 found that over half the motorists 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 of being surveyed. Additionally, approximately one in four
(26.6%) of the motorist surveyed admitted to typing or sending a
text message or email at least once while driving within the
past 30 days of being surveyed. Lastly, AAA found more than one
in three (34.6%) reported reading a text message or email while
driving at least once within the past 30 days of being surveyed.
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Research has also found motorists under age 18 often use
cellular phones to talk or send text messages while driving a
motor vehicle and are at greater risk of an accident when using
a cellular phone. A comprehensive study by AAA on teen drivers
found that teen drivers were distracted almost 25% of the time
they were driving while using an electronic communications
device to send text messages or emails serving as most common
distraction. Research by the New England Journal of Medicine
found that when compared to non-distracted novice teen drivers,
novice teen drivers were eight times more likely to crash or
have a near miss when dialing a phone; seven times more likely
to get in an accident when reaching for a phone or other object;
and almost four times more likely to get into an accident when
texting.
This bill increases the fines and penalties on the current
cellular phone and electronic wireless communication device
prohibitions when driving a motor vehicle and, in an attempt to
increase motorists' awareness, requires DMV's written driving
test to include questions on the risks associated with
distracted driving. The author asserts that by strengthening
the current fines and penalties coupled with testing drivers on
the known risks of distracted driving, this bill aims to reduce
the number of violations and accidents that are caused by
motorists engaging in distracted driving activities.
DMV indicates it is currently working on a grant funded by the
Office of Traffic Safety that will provide DMV with the
financial resources to analyze data on distracted drivers. The
grant funding will allow DMV to conduct a literature review on
the effectiveness of wireless communication device laws,
determine the characteristics of wireless communication device
law violators, and identify trends in crashes involving wireless
communication devices in California. The data for this research
will be collected from the California Highway Patrol's (CHP)
Statewide Integrated Traffic Records System and DMV's Driver
License Master File. Upon completion of the research, DMV will
issue a report detailing the findings and possible
recommendations for combating this problem will be published.
Writing in support, the Consumers for Auto Reliability and
Safety (CARS) asserts that this bill is a reasonable approach to
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discouraging people, especially high-risk teenage drivers, from
talking on their hand-held cellular phones or texting and
driving. Additionally, CARS argues that the bill will help
educate applicants taking a driving test about the hazards of
distracted driving and modestly increase the fines for violating
safe driving laws.
Writing in opposition, Safer Streets L.A. notes that the
penalties for prohibited cellular phone use should not be
increased unless and until language in existing law is clarified
so that motorists, as well as law enforcement, know exactly
which activities are prohibited and the law is applied
correctly. Safer Streets L.A. further argues that the
prohibition against cellular phone use while driving was
intended to prohibit drivers from reading or sending text
messages and from conversing on a cellular phone without a hands
free device. However, "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."
Previous legislation: SB 1310 (Simitian) of 2012, 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.
That bill was vetoed by the Governor. In his veto message the
Governor stated that the 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.
SB 28 (Simitian) of 2011, would have increased the penalties
related to using a wireless communications device while
operating a vehicle, prohibited bicyclists from using a handheld
communications device while riding a bicycle, established an
education program regarding the dangers of talking or texting
using a wireless communications device while driving, and added
dangers of talking or texting while driving to the list of items
that DMV must include in an examination for a driver's license.
That bill was vetoed by the Governor. In his veto message the
Governor stated that while he supports efforts to discourage
cell phone use while driving, he is opposed to the fee increases
prescribed in the bill.
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Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093
FN: 0003367