AB 492

Current law prohibits inattentive driving in two forms:

1. A driver of a motor vehicle may not be so engaged or occupied as to interfere

with the safe driving of the vehicle.

2. A person may not drive a motor vehicle equipped with any device for

receiving a television broadcast if the device is located forward of the back of the

driver's seat or is visible to the driver, regardless of whether the device interferes

with the safe driving of the vehicle.

Any person who is convicted of a violation described in item 1., above, may be

required to forfeit not less than $20 nor more than $400, and any person who is

convicted of a violation described in item 2., above, may be required to forfeit not less

than $20 nor more than $40 for a first offense and not less than $50 nor more than

$100 for a second or subsequent offense within one year.

This bill modifies both existing forms of inattentive driving and creates a third

form of inattentive driving. The bill modifies the violation described in item 1.,

above, to prohibit a driver of a motor vehicle from being engaged or occupied with an

activity, other than driving the vehicle, that interferes or reasonably appears to

interfere with the person's ability to drive the vehicle safely.

The bill also modifies the violation described in item 2., above, by expanding the

prohibition to include devices for visually displaying live or recorded cable television

and satellite broadcasts, films, or other fluctuating video images, but also limits the

prohibition by excluding certain vehicles and devices.

The bill also creates a third form of inattentive driving prohibiting a person

from driving a motor vehicle while operating or being in a position to directly observe

any electronic device located within the vehicle that is activated and that is

transmitting information or providing entertainment primarily by visual means,

regardless of whether the device interferes with the safe driving of the vehicle. This

prohibition does not apply to certain vehicles and devices. Any person who is

convicted of a violation of this prohibition is subject to the same forfeiture that

applies to a violation described in item 2., above, under current law.