Home » Bill Would Prevent Person Under 21 to Drive While Using Any Wireless Telephone Device

Bill Would Prevent Person Under 21 to Drive While Using Any Wireless Telephone Device

by CC News

A bill introduced by Assemblymember Diane Dixon (R-Huntington Beach) introduced a bill aimed at reducing distracted driving for those under the age of 21.

AB 276 would make it so those under 21 years of age could not use a wireless telephone or an electronic wireless communication device, even if equipped with hands-free device.

According to the bill:

This bill would instead make it an infraction for a person under 21 years of age to drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device. The bill would create an exception to that prohibition for a person 18 to 20 years of age, inclusive, who is using a wireless telephone or an electronic wireless communications device, as defined, while driving, when the telephone or device is used exclusively as required by, and in the course and scope of, the person’s work activities. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

In 2019, 3,142 people were killed nationwide in crashes involving a distracted driver, accounting for 8.7% of all traffic deaths. Mobile decides remain the biggest the biggest distraction for drivers, whether it is texting, taking pictures, emailing, or using apps according to the California Office of Traffic Safety,

A 2021 OTS Public Opinion Survey found 74.3% percent of Californians identified distracted driving (texting or talking) as their biggest traffic safety concern on California roadways. Distracted driving countermeasures include paid media education campaigns that inform the public of the dangers of distracted driving and encourage drivers to travel free of distractions.


The people of the State of California do enact as follows:

SECTION 1.

Section 23124 of the Vehicle Code is amended to read:

23124.

(a) This section applies to a person under the age of 18 years. 21 years of age.

(b) Notwithstanding Sections 23123 and 23123.5, a person described in subdivision (a) shall not drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.
(c) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is violating subdivision (b).
(e) Subdivision (d) does not prohibit a law enforcement officer from stopping a vehicle for a violation of Section 23123 or 23123.5.
(f) (1) This section does not apply to a person using a wireless telephone or a mobile service device for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(2) This section does not apply to a person 18 to 20 years of age, inclusive, using a wireless telephone or an electronic wireless communications device while driving, when the telephone or device is used exclusively as required by, and in the course and scope of, the person’s work activities. A person subject to this paragraph shall comply with Sections 23123 and 23123.5.
(g) The following definitions apply for purposes of this section:

(g)For the purposes of this section, “electronic

(1) “Electronic wireless communications device” includes, but is not 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.
(2) “Using a wireless telephone or an electronic wireless communications device” means the wireless telephone or electronic wireless communications device is operating and is located in the motor vehicle with the screen or display visible to the driver.

 

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

For more information on the bill: Click Here

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