BILL ANALYSIS �
AB 1646
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1646 (Frazier)
As Amended August 5, 2014
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |68-9 |(May 15, 2014) |SENATE: |32-3 |(August 21, |
| | | | | |2014) |
-----------------------------------------------------------------
Original Committee Reference: TRANS.
SUMMARY : Modifies provisions related to the use of a cellular
phone or text messaging while driving a motor vehicle.
The Senate amendments :
1)Clarify that one question is required to be included on a
driver's license examination pertaining to improperly using a
cell phone while operating a motor vehicle and delays the
implementation of this requirement to July 1, 2015.
2)Changes the issuance of a violation point to an initial
offense, rather than only on a second or subsequent offense.
EXISTING LAW :
1)Requires the Department of Motor Vehicles (DMV) to examine
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.
FISCAL EFFECT : Unknown
COMMENTS : Laws to mitigate the dangers of distracted driving -
AB 1646
Page 2
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
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 or 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 operating 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
AB 1646
Page 3
in three (34.6%) reported reading a text message or email while
driving at least once within the past 30 days of being surveyed.
This bill increases the penalties on the current cellular phone
and electronic wireless communication device prohibitions when
operating a motor vehicle and, in an attempt to increase
motorists' awareness, requires DMV's written driving test to
include one question pertaining to the risks associated with
handheld cell phone use and texting while operating a motor
vehicle. The author asserts that by strengthening the 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.
Additionally, 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 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 public policy issue.
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093
FN: 0004561