BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: ab 1646
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: frazier
VERSION: 5/8/14
Analysis by: Erin Riches FISCAL: yes
Hearing date: June 17, 2014
SUBJECT:
Vehicles: electronic wireless devices
DESCRIPTION:
This bill adds a test of the applicant's understanding of the
dangers of distracted driving to the driver's license exam and
increases the base fines for talking or texting on a cell phone
while driving.
ANALYSIS:
Existing law prohibits an individual from using an electronic
wireless device (e.g., a cell phone) to talk or text while
driving, unless the device is hands-free and is being used in
that manner. A violation of this law is an infraction
punishable by a base fine of $20 for a first offense and $50 for
each subsequent offense. Due to additional surcharges,
penalties, and assessments, a $20 base fine is equivalent to a
total of $213 and a $50 fine is equivalent to $336.
Existing law prohibits an individual under 18 years of age from
using a cell phone to talk or text while driving, even if the
device is hands-free. A violation of this law is an infraction
punishable by a base fine of $20 for a first offense and $50 for
each subsequent offense, for total fines of $213 and $336,
respectively.
Existing law prohibits DMV from issuing a violation point for
talking or texting on a non-hands-free cell phone while driving
or for an individual under 18 using a cell phone while driving.
Existing law requires the exam for a Class C driver's license to
include a test of the applicant's knowledge and understanding of
traffic laws and signs. An applicant must complete an
application, provide a thumbprint, have his or her picture
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taken, provide a social security number and verification of
birth date and legal presence, pass an eye exam, pass a written
traffic laws and signs test, pass a drive test, and pay an
application fee.
This bill :
Requires the driver's license exam 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.
Requires DMV to assign a violation point for a second or
subsequent conviction for using a non-hands-free cell phone to
talk or text while driving or for an individual under 18 using
a cell phone while driving.
Increases the base fine to $50 for a first offense and $100
for each subsequent offense, for total fines of $336 and $541,
respectively.
COMMENTS:
1.Purpose . The author states that every day, nine people are
killed and more than 1,000 people are injured in crashes where
distractions such as using a cell phone, texting, or eating
were reported as the cause. In all of these cases, a driver
took his or her attention away from the task of driving and
put others in life-threatening situations. The California
Office of Traffic Safety finds that cell phone use while
driving is now the leading cause of driver distraction-related
crashes in the state, and the California Highway Patrol writes
more than 12,000 cell-phone tickets every month. The author
states that by strengthening fines and penalties, coupled with
testing drivers on the known risks of distracted driving, this
bill will help reduce the number of violations and accidents
caused by motorists engaging in distracted-driving activities.
2.Violation points . DMV assigns violation points against an
individual's driver's license for certain traffic offenses to
identify a driver as a negligent operator. Violation points
vary with the gravity of the offense; for example, a "fix-it"
ticket does not count for any violation points, a speeding
ticket counts for one violation point, and driving while under
the influence of alcohol or drugs counts for two violation
points. DMV may suspend an individual's driver's license for
six months if he or she receives four points in one year, six
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points in two years, or eight points in three years. An
individual may request a DMV hearing to avoid a license
suspension.
3.Distracted driving . A variety of constituencies have
conducted numerous distracted driving studies, focused on a
number of potential distractions. Nearly all studies conclude
that, in most instances, it is very difficult to identify a
single factor that led to an adverse incident such as an
automobile accident. Research tends to show that accidents
arise from an accumulation of factors, including distractions
from within and outside the vehicle, weather conditions, and
even the driver's own distracted thoughts. Adding
distractions, such as dictating or listening to text messages,
can only increase the risk of negative outcomes. The question
is not necessarily whether the use of electronic communication
causes accidents and other negative consequences, but how many
distractions are enough to create an environment potentially
too risky and dangerous for people travelling from one place
to another.
4.Attitudes toward distracted driving . The 2013 Traffic Culture
Safety Index, published in November 2013 by the AAA Foundation
for Public Safety, finds that a "do as I say, not as I do"
attitude continues to prevail when it comes to distracted
driving. While nearly nine out of 10 (88 percent) of survey
respondents consider drivers talking on cell phones as a
somewhat or very serious threat to their personal safety, more
than two-thirds (67 percent) admit to talking on a phone while
driving in the past 30 days. Moreover, more than one quarter
(28 percent) admit to doing this fairly often or regularly.
Similarly, more than one third (35 percent) admit to reading
text messages, or to typing or sending text messages (26
percent), while driving in the past 30 days. More than half
of drivers surveyed oppose a law to ban all types of cell
phones (including hands-free) while driving.
5.Previous legislation .
AB 313 (Frazier) of 2013, which failed in the Assembly
Appropriations Committee, would have prohibited drivers
from using an electronic wireless communications device to
dictate, send, or listen to a text-based communication,
even if the device was specifically designed and configured
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to allow voice-operated and hands-free operation.
SB 1310 (Simitian) of 2012, which was vetoed by Governor
Brown, would have increased the penalties related to using
a wireless communications device while operating a vehicle
and would have added the dangers of talking or texting
while driving to the list of items DMV must include in the
driver's license exam. In his veto message, the governor
stated that he believes the current fines and penalties for
using a cell phone while driving are a sufficient
deterrent.
SB 28 (Simitian) of 2011, which was vetoed by Governor
Brown, 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 while
driving, and added the dangers of talking or texting while
driving to the list of items DMV must include in the
driver's license exam. In his veto message, the governor
stated that while he supports efforts to discourage cell
phone use while driving, he does not support increasing the
penalties for doing so.
Assembly Votes:
Floor: 68-9
Appr: 16-1
Trans: 13-1
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 11,
2014.)
SUPPORT: Association for Los Angeles Deputy Sheriffs
California Association of Highway Patrolmen
California State Firefighters' Association
California State Sheriffs' Association
County Health Executives of California
Independent Insurance Agents and Brokers of
California
Liberty Mutual Insurance Group
Los Angeles Police Protective League
Riverside Sheriffs' Association
State Farm Mutual Automobile Insurance Company
AB 1646 (FRAZIER) Page 5
Transportation Authority of Marin
OPPOSED: Safer Streets L.A.