Amended IN Assembly April 17, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1222Introduced by Assembly Member QuirkFebruary 17, 2017 An act to amend Section 1656.3 23123.5 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 1222, as amended, Quirk. Vehicles: drivers handbook. electronic wireless communications devices.Existing law makes it a crime to drive a motor vehicle while holding and operating a handheld wireless telephone or electronic wireless communications device, as specified. Existing law defines an electronic wireless communications device as including, but not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device.This bill would remove a specialized mobile radio device and a two-way messaging device from the list of devices specifically included as an electronic wireless communications device.Existing law requires the Department of Motor Vehicles to include within the California Drivers Handbook language regarding rail transit safety, abandonment or dumping of an animal on a highway, and the importance of respecting the right-of-way of others.This bill would require the department to also include within the handbook language regarding distracted driving safety, and would require that language to be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 23123.5 of the Vehicle Code is amended to read:23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the drivers hand while the driver is operating the vehicle only if both of the following conditions are satisfied:(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicles windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicles dashboard or center console in a manner that does not hinder the drivers view of the road.(2) The drivers hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the drivers finger.(d) 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.(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.(f) For the purposes of this section, electronic wireless communications device includes, but is not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device. or a pager.SECTION 1.Section 1656.3 of the Vehicle Code is amended to read:1656.3.(a)The department shall include within the California Drivers Handbook, as specified in subdivision (b) of Section 1656, language regarding each of the following:(1)Rail transit safety.(2)Abandonment or dumping of an animal on a highway.(3)The importance of respecting the right-of-way of others, particularly pedestrians, bicycle riders, and motorcycle riders.(4)Distracted driving safety.(b)In order to minimize costs, the language referred to in paragraph (4) of subdivision (a) shall be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted. Amended IN Assembly April 17, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1222Introduced by Assembly Member QuirkFebruary 17, 2017 An act to amend Section 1656.3 23123.5 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 1222, as amended, Quirk. Vehicles: drivers handbook. electronic wireless communications devices.Existing law makes it a crime to drive a motor vehicle while holding and operating a handheld wireless telephone or electronic wireless communications device, as specified. Existing law defines an electronic wireless communications device as including, but not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device.This bill would remove a specialized mobile radio device and a two-way messaging device from the list of devices specifically included as an electronic wireless communications device.Existing law requires the Department of Motor Vehicles to include within the California Drivers Handbook language regarding rail transit safety, abandonment or dumping of an animal on a highway, and the importance of respecting the right-of-way of others.This bill would require the department to also include within the handbook language regarding distracted driving safety, and would require that language to be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Amended IN Assembly April 17, 2017 Amended IN Assembly April 17, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1222 Introduced by Assembly Member QuirkFebruary 17, 2017 Introduced by Assembly Member Quirk February 17, 2017 An act to amend Section 1656.3 23123.5 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1222, as amended, Quirk. Vehicles: drivers handbook. electronic wireless communications devices. Existing law makes it a crime to drive a motor vehicle while holding and operating a handheld wireless telephone or electronic wireless communications device, as specified. Existing law defines an electronic wireless communications device as including, but not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device.This bill would remove a specialized mobile radio device and a two-way messaging device from the list of devices specifically included as an electronic wireless communications device.Existing law requires the Department of Motor Vehicles to include within the California Drivers Handbook language regarding rail transit safety, abandonment or dumping of an animal on a highway, and the importance of respecting the right-of-way of others.This bill would require the department to also include within the handbook language regarding distracted driving safety, and would require that language to be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted. Existing law makes it a crime to drive a motor vehicle while holding and operating a handheld wireless telephone or electronic wireless communications device, as specified. Existing law defines an electronic wireless communications device as including, but not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device. This bill would remove a specialized mobile radio device and a two-way messaging device from the list of devices specifically included as an electronic wireless communications device. Existing law requires the Department of Motor Vehicles to include within the California Drivers Handbook language regarding rail transit safety, abandonment or dumping of an animal on a highway, and the importance of respecting the right-of-way of others. This bill would require the department to also include within the handbook language regarding distracted driving safety, and would require that language to be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. Section 23123.5 of the Vehicle Code is amended to read:23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the drivers hand while the driver is operating the vehicle only if both of the following conditions are satisfied:(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicles windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicles dashboard or center console in a manner that does not hinder the drivers view of the road.(2) The drivers hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the drivers finger.(d) 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.(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.(f) For the purposes of this section, electronic wireless communications device includes, but is not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device. or a pager.SECTION 1.Section 1656.3 of the Vehicle Code is amended to read:1656.3.(a)The department shall include within the California Drivers Handbook, as specified in subdivision (b) of Section 1656, language regarding each of the following:(1)Rail transit safety.(2)Abandonment or dumping of an animal on a highway.(3)The importance of respecting the right-of-way of others, particularly pedestrians, bicycle riders, and motorcycle riders.(4)Distracted driving safety.(b)In order to minimize costs, the language referred to in paragraph (4) of subdivision (a) shall be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted. The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. Section 23123.5 of the Vehicle Code is amended to read:23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the drivers hand while the driver is operating the vehicle only if both of the following conditions are satisfied:(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicles windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicles dashboard or center console in a manner that does not hinder the drivers view of the road.(2) The drivers hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the drivers finger.(d) 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.(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.(f) For the purposes of this section, electronic wireless communications device includes, but is not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device. or a pager. SECTION 1. Section 23123.5 of the Vehicle Code is amended to read: ### SECTION 1. 23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the drivers hand while the driver is operating the vehicle only if both of the following conditions are satisfied:(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicles windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicles dashboard or center console in a manner that does not hinder the drivers view of the road.(2) The drivers hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the drivers finger.(d) 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.(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.(f) For the purposes of this section, electronic wireless communications device includes, but is not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device. or a pager. 23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the drivers hand while the driver is operating the vehicle only if both of the following conditions are satisfied:(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicles windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicles dashboard or center console in a manner that does not hinder the drivers view of the road.(2) The drivers hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the drivers finger.(d) 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.(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.(f) For the purposes of this section, electronic wireless communications device includes, but is not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device. or a pager. 23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the drivers hand while the driver is operating the vehicle only if both of the following conditions are satisfied:(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicles windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicles dashboard or center console in a manner that does not hinder the drivers view of the road.(2) The drivers hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the drivers finger.(d) 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.(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.(f) For the purposes of this section, electronic wireless communications device includes, but is not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device. or a pager. 23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving. (b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle. (c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the drivers hand while the driver is operating the vehicle only if both of the following conditions are satisfied: (1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicles windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicles dashboard or center console in a manner that does not hinder the drivers view of the road. (2) The drivers hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the drivers finger. (d) 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. (e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties. (f) For the purposes of this section, electronic wireless communications device includes, but is not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device. or a pager. (a)The department shall include within the California Drivers Handbook, as specified in subdivision (b) of Section 1656, language regarding each of the following: (1)Rail transit safety. (2)Abandonment or dumping of an animal on a highway. (3)The importance of respecting the right-of-way of others, particularly pedestrians, bicycle riders, and motorcycle riders. (4)Distracted driving safety. (b)In order to minimize costs, the language referred to in paragraph (4) of subdivision (a) shall be initially included at the earliest opportunity when the handbook is otherwise revised or reprinted.