AB 853

This bill prohibits, with certain exceptions, any person from driving while using

a cellular or other wireless telephone (cellular phone). The exceptions include

certain hands-free and emergency-related use.

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

a driver of a motor vehicle may not be engaged or occupied with an activity, other than

driving the vehicle, that interferes 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 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.