AB 338

This bill prohibits any person from using a portable wireless communication

device (device) while driving, except for certain hands-free use, use by public safety

workers, or certain use related to an emergency.

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. Persons who

violate this prohibition 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. Also, a person is prohibited from driving a

motor vehicle while using a cellular phone in a highway construction zone, except to

report an emergency. Persons who violate either of these prohibitions 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 using a device while driving. Exceptions are

provided for the use of a device by public safety workers and public utility employees,

use to report an emergency, and for certain hands-free use by persons who hold a

license other than a probationary license or an instruction permit. Persons who

violate this prohibition may be required to forfeit not more than $100 for a first

offense and not more than $200 for a second or subsequent offense.