BILL ANALYSIS �
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THIRD READING
Bill No: AB 1646
Author: Frazier (D), et al.
Amended: 8/5/14 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 6/17/14
AYES: DeSaulnier, Gaines, Beall, Cannella, Liu, Pavley, Roth,
Wyland
NO VOTE RECORDED: Galgiani, Hueso, Lara
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/11/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : 68-9, 5/15/14 - See last page for vote
SUBJECT : Vehicles: electronic wireless devices
SOURCE : Author
DIGEST : This bill imposes a violation point for convictions
related to the use of a cellular phone or wireless communication
device while driving, and require the drivers license
examination to include a test of the applicant's understanding
of the dangers related to the use of handheld devices while
driving.
ANALYSIS : Existing law:
1.Prohibits an individual from using an electronic wireless
device (e.g., a cell phone) to talk or text while driving,
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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.
2.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.
3.Prohibits the Department of Motor Vehicles (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.
4.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 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, beginning July 1, 2015:
1.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.
2.Requires DMV to assign a violation point for a conviction for
using a non-hands-free cell phone to talk or text while
driving.
Comments
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
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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
points in two years, or eight points in three years. An
individual may request a DMV hearing to avoid a license
suspension.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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)
SUPPORT : (Verified 8/11/14)
Association for Los Angeles Deputy Sheriffs
California Association of Highway Patrolmen
California Fraternal Order of Police
California Police Chiefs Association
Independent Insurance Agents and Brokers of California
Liberty Mutual Insurance Group
Long Beach Police Officers Association
Los Angeles County Professional Peace Officers Association
Sacramento County Deputy Sheriffs Association
Santa Ana Police Officers Association
State Farm Mutual Automobile Insurance Company
ARGUMENTS IN SUPPORT : 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
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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.
ASSEMBLY FLOOR : 68-9, 5/15/14
AYES: Achadjian, Alejo, Ammiano, Bigelow, Bloom, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Chesbro, Cooley, Dababneh, Dahle, Daly,
Dickinson, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia,
Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hall,
Harkey, Roger Hern�ndez, Holden, Jones, Jones-Sawyer, Levine,
Linder, Lowenthal, Maienschein, Medina, Mullin, Muratsuchi,
Nazarian, Pan, Patterson, Perea, John A. P�rez, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez,
Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber,
Wieckowski, Williams, Yamada, Atkins
NOES: Allen, Ch�vez, Donnelly, Hagman, Logue, Melendez,
Nestande, Olsen, Wilk
NO VOTE RECORDED: Conway, Mansoor, Vacancy
JA:nl 8/12/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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