BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 1646 (Frazier) - Vehicles: electronic wireless
communications: penalties
Amended: August 5, 2014 Policy Vote: T&H 8-0
Urgency: No Mandate: No
Hearing Date: August 11, 2014
Consultant: Mark McKenzie
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 1646 would impose a violation point for
convictions related to the use of a cellular phone or wireless
communication device while driving, and require the driver's
license examination to include a test of the applicant's
understanding of the dangers related to the use of handheld
devices while driving.
Fiscal Impact:
Department of Motor Vehicles (DMV) programming costs of
$68,000 related to the imposition of a violation point for
convictions of specified distracted driving violations.
(Motor Vehicle Account)
Minor costs to DMV to include a specific question about
distracted driving on the driver's license exam. (Motor
Vehicle Account)
Background: Existing law generally prohibits a person from using
a handheld wireless phone, unless equipped with hands-free
technology, or engaging in text-based communication while
operating a motor vehicle. A driver who is under the age of 18
is prohibited from using a cell phone to talk or text, even if
the device is hands-free. The base fine for a violation of
these prohibitions is $20 for an initial offense and $50 for
each subsequent offense. Current law prohibits the imposition
of a violation point for a conviction of these offenses. After
all penalty assessments, fees, and surcharges are added to the
base fine, the total bail for a base fine of $20 is $213 and the
total bail for a base fine of $50 is $336.
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DMV assigns violation points against a driver's license for
certain traffic offenses to identify an individual 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 a driver's
license for six months if a person receives four points in one
year, six points in two years, or eight points in three years.
Proposed Law: AB 1646 would require that a violation point be
given for a conviction of any of the specified distracted
driving violations. The bill would also require the commercial
driver's license examination include at least one question to
test an applicant's understanding of the distractions and
dangers of handheld cell phone use and text messaging while
driving. The bill would be operative on July 1, 2015.
Related Legislation: AB 313 (Frazier), which was held on the
Assembly Appropriations Committee's Suspense File in 2013, 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 to allow voice-operated and hands-free
operation.
In addition, the following bills increasing the fines for
distracted driving have been vetoed by Governor Brown:
SB 28 (Simitian), which was vetoed in 2011, included
provisions that would have increased the base fines from
$20 to $50 for a first offense, and from $50 to $100 for a
subsequent offense. The Governor's veto message indicated
that he did not support increasing the current fines and
penalties, which he regarded as a sufficient deterrent.
SB 1310 (Simitian), which was vetoed in 2012, attempted
to respond to the veto message by increasing the base fines
by only $10, to $30 for a first offense and to $60 for a
subsequent offense. The veto message expressed the
Governor's belief that the current fines and penalties are
a powerful deterrent, and his doubt that increasing them
would reduce violations.
Staff Comments: AB 1646 explicitly requires DMV to include at
least one question on the noncommercial driver's license test to
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verify that the applicant has read and understands the dangers
of handheld cell phone use and text messaging while operating a
vehicle. Existing law requires the examination to include a
test of the applicant's knowledge and understanding of laws
governing the operation of vehicles, the ability to read and
understand simple English used in traffic and directional signs,
and an understanding of traffic signs and symbols. DMV's
current driver's license examination already includes a specific
question about distracted driving, so any costs to update
manuals and retain a question on the examination would be
absorbable. DMV would incur costs of $68,000 to make
programming changes that enable the assignment of a violation
point to driver's license records for convictions of any of the
violations related to distracted driving.
Staff notes that DMV is currently engaged in a number of high
priority programming projects, such as those related to
federally mandated improvements to the Commercial Driver's
License system, IT modernization, and implementation of AB 60
(Alejo), Chap. 524/2013. The most recent amendments delay the
operative date of AB 1646 to July 1, 2015, but the bill is still
likely to have some impacts on other programming projects.
.