AB 124

Current law prohibits inattentive driving in the following 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.

3. A person may not drive a motor vehicle while composing or sending an

electronic text message or an electronic mail message, subject to limited exceptions.

4. A person holding a probationary license or instruction permit may not drive

a motor vehicle while using a cellular or other wireless telephone, except to report

an emergency.

Any person who is convicted of a violation described in item 1. or 3., 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. or 4., 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 the existing forms of inattentive driving described in items

1. and 2., above, and creates another 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 video broadcasts, films, or other fluctuating video

images, but also limits the prohibition by excluding certain vehicles and devices.

The bill creates another 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 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 and does not apply if the form of inattentive driving

described in item 3., above, including its exceptions, is applicable. 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.