Assembly Bill Number 47

Attention always competes for multiple inputs with smart devices and, along with text messages, emails, and calls coming in. With technology comes convenience, but there is no doubt that it has elevated the level of distracted driving on our roads. California as a state has had its fair share of accidents since people are not mindful of their surroundings while driving. Assembly Bill Number 47 (AB 47) marks an important development in California's longstanding battle with distracted driving. At KAASS LAW, we cover cases of distracted driving and legal disputes related to it. Additionally,  at the same time, we are advocates for road safety. The following will shine a light on AB 47 and what it means for drivers in California.

The Persistent Threat

Ignoring the issue of distracted driving is closer to ignoring danger altogether; it accounts for a large number of road traffic accidents, injuries, and deaths. People are so wired up to their phones that all the actions listed above are deemed socially acceptable. All of these interfere with reactions, the ability to focus, and attention. Each one of them is bound to increase the time taken to respond to changes on the road. Given the seriousness of the problem, lawmakers in California have always been in search of ways to encourage people to consider relinquishing their stranglehold on distractions when driving.

Assembly Bill Number 47: Amplifying the Consequences

Assembly Bill Number 47, signed into law, specifically targets repeat offenders of California's hands-free cell phone law. While the state already prohibits holding and using a cell phone while driving (with limited exceptions), AB 47 aims to increase the penalties for drivers who repeatedly violate this law within a 36-month period.

Key Provisions of Assembly Bill Number 47:

• Points on Driving Record: Under existing law, a first conviction for violating the hands-free law results in a base fine (which can escalate with fees and assessments) but no points on the driver's record. AB 47 maintains this for the first offense.
• Increased Penalties for Repeat Offenses: The significant change introduced by AB 47 lies in the consequences of subsequent violations.
• Impact of Points: Accumulating points on your driving record can lead to various repercussions from the California Department of Motor Vehicles (DMV), including:
• Warning letters: For accumulating a certain number of points.
• Probation: If a driver accumulates too many points within a specific timeframe, they may face a period of probation with restrictions on their driving privileges.
• License suspension or revocation: A significant accumulation of points can ultimately lead to the suspension or even revocation of a driver's license.
• Focus on Deterrence: The intent behind AB 47 is clear: to deter drivers from repeatedly engaging in the dangerous behavior of using handheld cell phones while behind the wheel by attaching more significant consequences to repeat offenses.

Why AB 47 Matters for California Drivers

AB 47 underscores the seriousness with which California views distracted driving. It sends a strong message that repeated violations of the hands-free law will not be tolerated and will have tangible consequences for a driver's record and driving privileges. This law has several important implications:

• Increased Accountability: Repeat offenders will now face a more direct impact on their driving record, potentially leading to more severe penalties down the line.
• Enhanced Road Safety: By deterring repeat distracted driving, AB 47 aims to contribute to safer roadways for all Californians.
• Importance of Compliance: It reinforces the need for all drivers to understand and strictly adhere to California's hands-free cell phone law. Even seemingly brief glances at a handheld device can have devastating consequences.
• Beyond Handheld Devices: The Broader Issue of Distraction

While AB 47 specifically targets handheld cell phone use, it's crucial to remember that distracted driving has a range. Any action that diverts a driver's attention from the primary task of operating a vehicle safely can be dangerous. This includes:

• Texting or emailing
• Adjusting the radio or infotainment system
• Using navigation apps (while not properly set up before driving)
• Eating and drinking
• Grooming
• Interacting with passengers
• Daydreaming or being mentally preoccupied

While AB 47 focuses on handheld cell phones, drivers should be aware that engaging in other forms of reckless or negligent driving due to distraction can still lead to traffic tickets, accidents, and civil liability.

Contact Us

If you have been injured in a car accident caused by a distracted driver, you have the right to seek compensation for your injuries and losses. At KAASS LAW, serving various communities throughout California, our experienced personal injury attorneys can help you: 

• Investigate the accident: Gather evidence to determine the cause of the collision, including phone records or witness testimony indicating distraction.
• Navigate insurance claims: Deal with insurance companies on your behalf to ensure you receive fair treatment.
• Pursue legal action: If necessary, file a personal injury lawsuit to recover damages.

Alternatively, it is worth mentioning that distracted drivers are one of the most dangerous drivers for a motorist.