BILL ANALYSIS
SB 33
Page 1
SENATE THIRD READING
SB 33 (Simitian)
As Amended July 12, 2007
Majority vote
SENATE VOTE :21-15
TRANSPORTATION 13-0 APPROPRIATIONS 13-2
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|Ayes:|Nava, Carter, DeSaulnier, |Ayes:|Leno, Caballero, Davis, |
| |Galgiani, Garrick, | |DeSaulnier, Emmerson, |
| |Horton, Houston, Huff, | |Huffman, Karnette, |
| |Karnette, Portantino, | |Krekorian, Lieu, Ma, |
| |Ruskin, Solorio, Levine | |Nava, |
| | | |Sharon Runner, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|La Malfa, Nakanishi |
| | | | |
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SUMMARY : Prohibits a driver under the age of 18 from using a
wireless telephone or any other mobile service device while
operating a motor vehicle. Specifically, this bill :
1)Prohibits a person under the age of 18 from using a wireless
telephone or mobile service device while the vehicle is in
motion. Imposes a base fine of $20 for a first offense and
$50 for subsequent offenses.
2)Exempts calls made to emergency service providers.
3)Defines "mobile service device" to include, but not be limited
to, a broadband personal communication device, specialized
mobile radio device, handheld device or laptop computer with
mobile data access, pager, and two-way messaging device.
4)Specifies that a violation of this law would not constitute a
violation point count on the driver's record.
5)Prohibits a law enforcement officer from stopping a vehicle
for the sole purpose of determining whether the teenage driver
is violating this law. However, does not prohibit a law
enforcement officer from stopping a vehicle with a driver,
regardless of age, using a cell phone in hand.
SB 33
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6)Delays implementation of this bill's driving restriction
provisions to July 1, 2008, to coincide with the effective
date of SB 1613 (Simitian), Chapter 290, Statutes of 2006.
EXISTING LAW :
1)Prohibits, commencing July 1, 2008, a driver from using a
wireless phone while operating a vehicle, unless the phone is
specifically designed and configured to allow hands-free
operation and is used in that manner. Imposes a fine of $20
for a first offense and $50 for subsequent offenses, including
all penalty assessments and court costs. Exempts calls to
emergency service providers. Exempts emergency service
professionals when operating authorized emergency vehicles.
Exempts a conviction of this infraction from Department of
Motor Vehicles (DMV) violation points.
2)Authorizes, at age 15-1/2 years, a person who has met certain
training requirements to apply to DMV for an instruction
permit. During the permit period, which may not exceed 24
months from the date of the application, the permittee may
operate a motor vehicle only "when accompanied by, and under
the immediate supervision of, a licensed California driver
with a valid license of appropriate class, 18 years of age or
over whose driving privilege is not on probation." Once a
driver has held an instruction permit for a minimum of six
months and has completed driver education and training, the
permittee may apply for a provisional driver's license.
3)Allows DMV to issue a provisional driver's license to a person
who is at least 16 years of age but less than 18 years of age.
Prohibits persons with provisional licenses, during the first
six months after receiving the license, from driving between
midnight and 5 a.m., or from transporting passengers under the
age of 20, unless accompanied and supervised by either a
parent, an adult who is at least 25 years of age, or a
licensed driving instructor.
4)Allows persons with provisional licenses, notwithstanding the
previously stated prohibitions, to drive between midnight and
5 a.m. in order to transport immediate family members for
specified medical, schooling, or employment reasons.
5)Prohibits a law enforcement officer, under the current
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provisional driver's license program, from stopping a vehicle
for the sole purpose of determining whether the driver is in
violation of the restrictions of the provisional license and a
violation of the provisional license does not constitute a
violation point count on the driver's record.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor costs, if any, to the DMV to revise its
Drivers' Handbook and provisional license-related materials to
reflect this bill's change to the current cell phone ban
scheduled to take effect July 1, 2008.
COMMENTS : This bill is the latest of a number of attempts by
various legislators, including the author, to restrict the
driving of a motor vehicle while using a cell phone. Last year,
the author was successful in restricting the use of cell phones
while driving for people of all ages except in a hands-free
mode. This bill seeks to reduce teenage driver distractions and
improve traffic safety by prohibiting 15-17 year-old drivers
from driving while using a cell phone, regardless if it is
equipped with hands-free technology, or using any other mobile
service device, as defined.
Purpose of this bill: According to the author, motor vehicle
crashes are the leading cause of teen fatalities, accounting for
44% of teen deaths in the United States. The California Highway
Patrol has recently collected data indicating that cell phone
use is most frequently identified distraction in accidents
caused by driver distraction.
Prior to 1998, learner's permits and provisional driver's
licenses were issued to persons between the ages of 15 and 18
years. Those licenses did not impose restrictions on driving,
but carried increased sanctions for violations of the Vehicle
Code before reaching the age of 18. SB 1329 (Leslie), Chapter
760, Statutes of 1997, enacts the current statutory scheme,
placing restrictions on the licenses of teenage drivers for
their first 12 months of licensure.
Studies and statistical information: According to the National
Highway Traffic Safety Administration in 2001, teen drivers were
more likely than older drivers to be involved in accidents
because they lack driving experience and tend to take greater
risks. The National Safety Council recommended in March 2002
that states ban all non-emergency use of electronic devices,
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including cell phones, by teenage drivers. Further, statistics
received from the Advocates for Highway and Auto Safety in 2004
state that, based on estimated miles driven annually, drivers
age 16-19 tend to take greater risks on the road and therefore
have a fatality rate that is four times the rate of drivers ages
25 - 69. In fact, they point out that 16 year-old drivers are
three times more likely to get into an accident than 17
year-olds, five times more likely than 18 year-olds, nearly 10
times more likely than drivers age 30-59, and two times more
likely than 85 year-olds. These statistics include multiple
forms of driver inattention such as eating, smoking, personal
hygiene, and reading while driving. Also, according to research
provided by the Ford Motor Company, teen drivers are four times
more distracted than adult drivers by cell phone use.
A June 2003 National Transportation Safety Board study
recommended that states prohibit holders of learner's permits
and provisional licenses from using interactive wireless
communication devices while driving.
Comments: Cellular telephones are, some argue, only one of the
many distractions that drivers face every day while on the road,
including the use of personal digital assistants (PDAs) and
digital sound devices. Further, many cars are already equipped
with on-board navigational aids, while many others allow for
easy introduction of mobile electronic devices. Most cars will
soon provide drivers with concierge services, Web-based
information, on-line e-mail capabilities, CD-ROM access,
on-screen and audio navigation technology, as well as a variety
of other information and entertainment services. Consequently,
these new technologies which are, or will be, made available to
drivers may present a serious public safety issue that goes
beyond operating a cellular telephone while driving.
Automobile manufacturers are developing systems that would
monitor speed, climatic conditions, and driver activities. Such
cars would theoretically assist the driver in coping with the
use of technology, like automatically switching incoming phone
calls to voice mail when the driver is busy, or rendering
systems inoperative when dangerous conditions exist.
Other states: The National Conference of State Legislatures in
a 2006 study indicated that cell phone use by younger drivers
also continues to be a popular target for state legislators.
Lawmakers in 13 states, Colorado, Connecticut, Delaware,
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Illinois, Maine, Maryland, Minnesota, New Jersey, North
Carolina, Rhode Island, Tennessee, Texas and West Virginia, and
the District of Columbia, currently prohibit or restrict novice
driver cell phone use. All current novice driver laws prohibit
young drivers, those under age 18 or 21, who only hold a
learner's or instructional driving permit from using any type of
wireless device while operating a motor vehicle, except in
emergency situations. In 2006, legislators in 28 states
considered similar proposals, with new laws passing in
Minnesota, North Carolina, Rhode Island and
West Virginia. Although most of the 2006 bills linked novice
driver restrictions to a learner's permit or intermediate
license, several bills would have prohibited all teen drivers,
regardless of license status, from using wireless devices.
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0001882