WASHINGTON—The California State Assembly passed legislation prohibiting driver use of handheld cell phones in the nation’s most populous state, likely paving the way for the bill’s passage by the legislature later today or tomorrow.
The measure, authored by Sen. Joe Simitian (D) and pursued by the Palo Alto lawmaker repeatedly in recent years, passed the Assembly by a 44-25 margin. The Senate, which already passed the bill, is expected to vote again—this time on the Assembly’s amended version—shortly. GOP Gov. Arnold Schwarzenegger appears favorably disposed toward the legislation, though he has not taken an official position on it.
The Simitian bill would require drivers to use hands-free devices to make and receive wireless calls while behind the wheel. Violators, beginning Jan. 1, 2008, would face a $20 fine for a first offenses and a $50 ticket for subsequent infractions. Exceptions to the driver ban on handheld mobile phone operations were carved out for public safety-related calls and commercial truck drivers, including those in the farming business. Push-to-talk wireless communications would get a pass for three years from the bill’s 2008 effective date.
The bill’s provisions do not impact existing laws that prohibit school-bus drivers and public transit vehicles from using cell phones on the road.
If the bill becomes law, California would join New York, New Jersey, Connecticut and the District of Columbia and various towns in trying to take cell phones out of drivers’ hands. Cell phones have been increasingly implicated in fatal auto accidents and litigation in recent years. However, government and university studies indicate hands-free gadgets do not improve driver distraction.
In other legislative business, the assembly approved a bill to help improve security of local area wireless networks.
“Protecting Californians’ personal information is important as more people use wireless technology,” said Assembly Speaker Fabian Núñez (D). The bill attempts to remedy “piggybacking” by giving consumers helpful information during the installation of wireless Internet systems.
Manufacturers must include a warning label in one of four ways advising consumers on how to protect their personal files: a sticker warning that is placed on the ports of the wireless router; include a warning during the configuration process when installing the device; require the consumer to take some affirmative action before allowing use of the device; or provide other protections that help safeguard the consumer’s wireless connection that is enabled without action by the consumer but occurs before the device can be used.
The bill now goes to the governor for his consideration.
