AB 790

Current law prohibits inattentive driving of a motor vehicle, which means that

a driver of a motor vehicle may not be so engaged or occupied as to interfere with the

safe driving of the vehicle. Current law also specifically prohibits, with certain

exceptions, a person from driving while composing or sending an electronic text

message. Persons who violate either of these prohibitions may be required to forfeit

not less than $20 nor more than $400. Also under current law, a person driving under

an instruction permit or a probationary license is prohibited from driving a motor

vehicle while using a cellular or other wireless telephone (cellular phone), except to

report an emergency. Persons who violate this prohibition 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 prohibits any person from driving while using a cellular phone. Except

in certain cases involving persons driving under an instruction permit or a

probationary license, the prohibition does not apply to any of the following: 1)

operators of authorized emergency vehicles; 2) use of certain emergency alert or

vehicle monitoring devices; 3) use of global positioning system devices; 4) certain

amateur radio operators; 5) certain use of hands-free telephones; and 6) use in

response to an emergency. Persons who violate this prohibition may be required to

forfeit not less than $20 or more than $400.