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AB-1698 Driver records: points: distracted driving.(2017-2018)

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Date Published: 06/22/2018 04:00 AM
AB1698:v97#DOCUMENT

Amended  IN  Senate  June 21, 2018
Amended  IN  Senate  June 13, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1698


Introduced by Assembly Member Daly

February 27, 2017


An act to repeal Section 12810.3 of amend Section 12810 of, and to amend and repeal Section 12810.3 of, the Vehicle Code, relating to driver’s licenses.


LEGISLATIVE COUNSEL'S DIGEST


AB 1698, as amended, Daly. Driver records: points: distracted driving.
Existing law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Existing law also prohibits a person from driving while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. A person who is 18 years of age or younger is prohibited from driving while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.
Existing law establishes that specified convictions and violations under the Vehicle Code and traffic-related incidents count as points against a driver’s record for purposes of suspension or revocation of the privilege to drive and that certain other violations do not result in a violation point. Existing law also generally provides that traffic convictions involving the safe operation of a motor vehicle result in a violation point. Existing law provides an exemption for the electronic device violations described above from being counted as points against a driver’s record for purposes of suspension or revocation of the privilege to drive.
This bill would, commencing January 1, 2020, abolish that exemption and expressly make those electronic device violations subject to a violation point against the driver’s record.
Existing law prohibits a person from driving a schoolbus or transit vehicle, as defined, while using a wireless telephone.
This bill would, commencing January 1, 2020, clarify that a violation of that prohibition is subject to a violation point against the driver’s record.

Existing law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Existing law also prohibits a person from driving while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving. Under existing law, a person who is 18 years of age or younger is prohibited from driving while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.

Existing law counts specified convictions and violations under the Vehicle Code and traffic-related incidents as points against a driver’s record for purposes of suspension or revocation of the privilege to drive, but exempts certain other violations from resulting in a violation point. Existing law exempts an electronic device violation described above from being counted as a point against a driver’s record for purposes of suspension or revocation of the privilege to drive.

This bill would abolish that exemption, thereby making those violations subject to a violation point against the driver’s record.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 12810 of the Vehicle Code is amended to read:

12810.
 In determining the violation point count, the following shall apply:
(a) A conviction of failure to stop in the event of an accident in violation of Section 20001 or 20002 shall be given a value of two points.
(b) A conviction of a violation of Section 23152 or 23153 shall be given a value of two points.
(c) A conviction of reckless driving shall be given a value of two points.
(d) (1) A conviction of a violation of subdivision (b) of Section 191.5 or subdivision (c) of Section 192 of the Penal Code, or of Section 2800.2 or 2800.3, subdivision (b) of Section 21651, subdivision (b) of Section 22348, subdivision (a) or (c) of Section 23109, Section 23109.1, or Section 31602 of this code, shall be given a value of two points.
(2) A conviction of a violation of subdivision (a) or (b) of Section 23140 shall be given a value of two points.
(3) Commencing January 1, 2020, a conviction of a violation of Section 23123, 23123.5, 23124, or 23125 shall be given a value of one point.
(e) A conviction of a violation of Section 14601, 14601.1, 14601.2, 14601.3, or 14601.5 shall be given a value of two points.
(f) Except as provided in subdivision (i), any other traffic conviction involving the safe operation of a motor vehicle upon the highway shall be given a value of one point.
(g) A traffic accident in which the operator is deemed by the department to be responsible shall be given a value of one point.
(h)  A conviction of a violation of Section 27360 or 27360.5 shall be given a value of one point.
(i)  (1) A violation of paragraph (1), (2), (3), or (5) of subdivision (b) of Section 40001 shall not result in a violation point count being given to the driver if the driver is not the owner of the vehicle.
(2) A conviction of a violation of paragraph (1) or (2) of subdivision (b) of Section 12814.6, subdivision (a) of Section 21116, Section 21207.5, 21708, 21710, 21716, 23120, 24800, or 26707 shall not be given a violation point count.
(3) A violation of subdivision (d) of Section 21712 shall not result in a violation point count.
(4) A violation of Section 23136 shall not result in a violation point count.
(5) A violation of Section 38301, 38301.3, 38301.5, 38304.1, or 38504.1 shall not result in a violation point count.
(j)  A conviction for only one violation arising from one occasion of arrest or citation shall be counted in determining the violation point count for the purposes of this section.

SEC. 2.

 Section 12810.3 of the Vehicle Code is amended to read:

12810.3.
 (a) Notwithstanding subdivision (f) of Section 12810, a violation point shall not be given for a conviction of a violation of subdivision (a) of Section 23123, subdivision (a) of Section 23123.5, or subdivision (b) of Section 23124.
(b) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SECTION 1.Section 12810.3 of the Vehicle Code is repealed.