Bicyclists who send text messages or talk without a headset might suffer the same consequences as drivers, as a new bill aims to strengthen California’s hands-free laws by hiking the penalties not just for those behind the wheel but also for those behind handlebars.
State Sen. Joe Simitian, who represents parts of Santa Cruz County, masterminded California’s first hands-free and anti-texting driving laws a few years ago. Now, the Palo Alto Democrat wants to make sure cyclists are no longer immune to the beefed-up cell phone laws in legislation he introduced Feb. 22.
“I think bicyclists were simply overlooked in the prior law,” Simitian said. “This law is designed to conform to the fact that all rules of the road apply to bicyclists as well.”
If passed, Senate Bill 1475 would upgrade the fine from $20 to $50 for a first hands-free offense and from $50 to $100 for subsequent offenses. The fine for text-messaging while driving would rise from $20 to $100.
Culprits would actually pay much more than that because of processing fees. The new law would also tack on a point on offenders’ driving records.
“I’m hoping that the higher fines and the point on the driving record will mean less tickets given out. I’d really like to see fewer tickets and more lives saved,” Simitian said.
The bill emerged after the National Safety Council released a report early this year indicating that 28 percent of automobile accidents in the U.S. involve talking or texting on a cell phone.
“Point-blank, texting while in the car is no good. I didn’t do it even before the law,” said 25-year-old Christian Kipping of Felton.
However, Kipping said talking while driving should be more of a personal judgment call than an enforced law.
“You should be able to make your own choices,” Kipping said. “I think the fine penalties are unacceptable; it’s almost extortion. It also bothers me that police can still talk on the radio and phone.”
Using a cell phone while on a bike has generally been less discussed. But Tyler Fresca, who works at Scotts Valley Cycle Sport, said he and other riders have been guilty of the practice.
“I’ve definitely used my cell phone while on my bike, and I know it’s a bad idea,” Fresca admitted.
Fresca said that while he is unsure how he feels about the hands-free laws, applying the same rules to cyclists seems legitimate.
“If they’re going to do it for drivers, it makes even more sense for cyclists to be included,” said Fresca, who rides his bike every day.
Simitian said the bill to toughen the hands-free restrictions was born after he saw the results of the initial law.
The California Highway Patrol confirmed that streets and highways are safer after the implementation of the hands-free cell phone law — CHP statistics show a 20 percent reduction in fatalities and collisions since it took effect.
In Santa Cruz County, the CHP has handed out 3,772 citations to drivers talking without a headset since July 2008. Statewide, the number of citations issued is 193,065.
Simitian has been the pioneer of cell phone driving laws in California. He wrote the 2008 law that made it illegal for California drivers to use a cell phone without a hands-free device and the 2009 law that prohibits drivers from typing or reading text messages.
Simitian also authored a 2008 bill that bans drivers younger than 18 from using a cell phone at all.
“Sometimes, common sense isn’t that common,” he said. “This is a case where it’s not just the driver at risk, like with seat belt laws — it’s pedestrians, cyclists and other cars. It’s about protecting the public at large.”
The pending bill, Senate Bill 1475, would use a portion of the increased fine revenue for a public awareness campaign.
“It’s important to remember that for a decade, people have been driving and talking on a cell phone, and old habits die hard,” Simitian said. “I’m hoping public awareness education will keep this issue on the forefront of discussion.”
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