Berkeley CSUA MOTD:Entry 44393
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2025/04/03 [General] UID:1000 Activity:popular
4/3     

2006/9/15-17 [Politics/Domestic/California, Politics/Domestic/California/Arnold] UID:44393 Activity:nil
9/15    http://www.latimes.com/news/local/la-091506cell,0,2855679.story
        http://csua.org/u/gwg (leginfo.ca.gov)
        Starting July '08, you will be fined $20 + city/county surcharges
        ($50 repeat offenses) if you are caught driving with a cell phone in
        your hand in CA.  Not illegal when the phone is "configured to allow
        hands-free listening and talking ... and is used in that manner".
        \_ So, what if you are not talking on the phone, but are holding it
           in your hand?
        \_ Why can't they start it sooner?
2025/04/03 [General] UID:1000 Activity:popular
4/3     

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www.latimes.com/news/local/la-091506cell,0,2855679.story
Signs Hang-Up-and-Drive Bill By Nancy Vogel, Times Staff Writer 12:27 PM PDT, September 15, 2006 SACRAMENTO -- California became the fourth state in the country to ban motorists from holding cellphones while driving, under legislation Gov. The governor signed the bill in Oakland, ending a five-year campaign by Sen. Joe Simitian (D-Palo Alto) to outlaw one of the most common distractions of California drivers. ADVERTISEMENT Under the law, which will take effect in July 2008, Californians risk a minimum $20 fine for driving while yakking into a phone -- unless they are using a headset, speaker phone, ear bud or some other technology that frees both hands while they talk. The bill passed both legislative bodies in late August -- the Assembly 50-28 and the Senate 21-16. In both houses, the measure passed with largely Democratic support and the votes of a few Republicans. Although 38 state legislatures considered bills to minimize driving distractions such as cellphones this year, only New York, New Jersey, Connecticut and the District of Columbia have banned drivers from using hand-held cellphones. It took Simitian five attempts to get enough support in the Legislature to pass the bill, but Schwarzenegger warmed to the idea quickly. In a July online interview in which a reporter asked questions solicited from the public, the governor said he had warned his 16-year-old daughter that she would lose her driving privileges if he caught her driving with her cellphone in her hands. "I sometimes follow her to make sure that she doesn't make that mistake. If she makes that mistake, then I will take the car away from her, and she will drive with the bus, because it's inexcusable." Though the only official opponent of the bill was the Sprint-Nextel cellular phone company, several lawmakers argued that the act of conversing -- not of holding a phone -- is the real distraction to drivers. They also argued that children, the radio, pets, hamburgers and sodas are all as likely to divert drivers' attention as cellphones. Some Republican lawmakers criticized the bill, SB1613, as "nanny government." said Assemblyman Doug La Malfa (R-Richvale) during the Assembly floor debate last month. But Simitian argued that the traffic safety risk of cellphone use while driving is "measurable and significant." In a letter sent Monday to the governor, the senator pointed to academic research in the Accident Analysis and Prevention journal that concluded that the risk of death is nine times greater for drivers who use a cellphone while driving. California Highway Patrol data from 2004 show police reports for 775 accidents in which a driver at fault was using a hand-held cellphone. There were only 28 reports of accidents in which drivers using hands-free phones were to blame. "When you're on your cellphone," wrote Simitian, "you are distracted at three different levels: aurally, visually and mentally. But what the hands-free requirement can and does accomplish is that you will have both hands free to control the vehicle during those split seconds that make the difference between life and death." Simitian said he delayed implementation of the bill until July 2008 to help win the support of reluctant lawmakers, give the Department of Motor Vehicles time to update its drivers' handbook and give fair warning to motorists. The CHP is expected to spend roughly $500,000 a year, starting next year, to educate motorists about the new law. The idea for the bill came to Simitian before he was elected to the Assembly in 2000, when someone asked him at a candidates forum about a cellphone ban on drivers. "Almost everybody I meet has a horror story they want to tell me," he said. In addition to motorists in emergencies, the legislation does not apply to people using two-way radios in farm vehicles and tow trucks, although that exemption disappears in 2011. And although the base fine for a violation is $20, cited drivers will pay more because of administrative charges tacked on by cities and counties. million licensed drivers to lead to better and cheaper hands-free cellphone technology. Most cellphone makers now include such equipment with their phones. California may also spur similar bans across the country, said Matt Sundeen, a transportation expert with the National Conference of State Legislatures. Dozens of states recently have pondered bills aimed at minimizing driver distraction, such as banning unsecured pets in cars and Prohibiting younger drivers from using cellphones. "Clearly, Californians are attached to their cars and attached to their phones," said Sundeen, "and if a state that big passes a law it can have some inspiration on other states." Do you think headsets help motorists stay focused on the road? Do you think it's a good idea to restrict the use of cellphones while driving? If you can't talk on the phone and drive, stop driving altogether - you are a lost cause. And what about law enforcement talking on radios - is there really much difference between that and a using a cell phone? Submitted by: John 1:50 PM PDT, Sep 15, 2006 We need to ban phone usage all together. Read more comments or post your own Poll Will you abide by the new law and only speak on your phone in a car with the proper accessories? It will be the law, and driving with a cellphone in one hand was always distracting and dangerous. If I need to make a call while driving, the possible fine won't stop me.
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csua.org/u/gwg -> www.leginfo.ca.gov/pub/bill/sen/sb_1601-1650/sb_1613_bill_20060503_amended_sen.html
BILL NUMBER: SB 1613 AMENDED BILL TEXT AMENDED IN SENATE MAY 3, 2006 INTRODUCED BY Senator Simitian FEBRUARY 24, 2006 An act to add Section 23123 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 1613, as amended, Simitian Vehicles: wireless telephones. Under existing law, motor vehicle operation is regulated, and drivers must follow many legal requirements or face criminal sanctions. Under existing law, it is a crime for a person to drive a schoolbus or transit vehicle while using a wireless telephone, except for certain work-related or emergency purposes. This bill would make it an infraction, operative July 1, 2008, to drive a motor vehicle while using a wireless telephone, unless that telephone is designed and configured to allow hands-free listening and talking operation, and is used in that manner while driving. The bill would provide that this prohibition does not apply to a person who is using the cellular telephone to contact a law enforcement agency or public safety entity for emergency purposes, or to an emergency services professional while he or she operates an authorized emergency vehicle, as specified. By creating a new infraction, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1 This act shall be known and may be cited as the California Wireless Telephone Automobile Safety Act of 2006. On a daily basis, California drivers make thousands of wireless telephone emergency 911 calls. The availability of wireless telephones in motor vehicles allows motorists to report accidents, fires, naturally occurring life-threatening situations, including, but not limited to, rock slides and fallen trees, other dangerous road conditions, road rage, dangerous driving, criminal behavior, including drunk driving, and stranded motorist situations. There is growing public concern regarding the safety implications of the widespread practice of using hand-held wireless telephones while operating motor vehicles. It is in the best interests of the health and welfare of the citizens of the state to enact one, uniform, motor vehicle wireless telephone use law that establishes statewide safety guidelines for use of wireless telephones while operating a motor vehicle. A person shall not drive 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. This section does not apply to a person using a wireless telephone 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. This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.