AB 171

Current law prohibits inattentive driving in the following forms:

1. A person may not drive a motor vehicle while engaged or occupied with an

activity that interferes or reasonably appears to interfere with the safe driving of the

vehicle.

2. 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.

3. 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.

4. A person may not drive a vehicle while operating or while in a position to

directly observe an electronic device within the vehicle that is providing

entertainment through primarily visual means. This prohibition does not apply to

certain vehicles and certain devices.

Any person who is convicted of a violation described in item 1. or 2., 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 3. 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.

The bill creates another form of inattentive driving, prohibiting a person from

driving a motor vehicle while wearing headphones over, or earbuds in, both ears.

However, this prohibition does not apply to persons operating authorized emergency

or roadside service vehicles, sanitation workers, persons operating a motorcycle

while wearing a helmet with integrated headphones, or persons wearing hearing

aids. A person who violates the prohibition may be required to forfeit not less than

$20 nor more than $40 for the first offense and not less than $50 nor more than $100

for the second or subsequent conviction within a year.