Vehicles: wireless telephones and communication devices.

(1) Existing law generally prohibits a person from driving a motor vehicle while using a wireless telephone unless the telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. A violation of the Vehicle Code generally is an infraction. This bill would prohibit a person from using a wireless telephone or other communication device, as the bill would define that term, during a vehicle stop made by a law enforcement officer for a violation of the Vehicle Code, thereby creating a new infraction. If a law enforcement officer makes a vehicle stop for a violation of the Vehicle Code, the bill would also make it an infraction for a person in the vehicle that is stopped to fail to comply with the officer's direction to stop using a wireless telephone or other communication device. The bill would exempt from its provisions a person using a wireless telephone or other communication device for emergency purposes or to record, tape, or otherwise film anything that occurs during a traffic stop. By creating new infractions, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.