Governor Jerry Brown Vetoes the Bill That Would Have Banned “Texting While Cycling” in California

I’m still a little hazy on that AB28 bill that Governor Jerry Brown just decided to veto, per the KQED News Fix.

Anyway, forget about it, it’s history. So, it won’t be specifically illegal text while riding a bike in CA, AFAIK. That doesn’t mean you can’t get cited for doing just that, cause there’s lots of other ways the cops can get you.

I was all set to look into this sitch, but that won’t be necessary now.

So, Rage on, Ke$ha!

Click to expand

Here’s part of the text of the bill, the latest version available:

“Section 21213.5 is added to the Vehicle Code, to read:
21213.5.

(a) A person shall not ride a bicycle while using an
electronic wireless communications device to write, send, or read a
text-based communication.

(b) As used in this section, “write, send, or read a text-based
communication” means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.

(c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call.”

And here’s some legislative analysis:

While the dangers of using electronic devices while driving are
well-documented
, this bill additionally extends the reach of

current law by proposing a prohibition against bicyclists using
a handheld phone or text messaging. Although such behavior by
bicyclists is clearly irresponsible, poses an obvious and
substantial danger to themselves, and puts pedestrians, runners,
and other bicyclists at some risk, it pales in comparison to the
specter of a two-ton steel-and-glass vehicle moving at 60 miles
per hour with the driver’s attention focused on a device on his
or her lap. Hence, there clearly is a lesser urgency in
deterring such behavior by bicyclists. Nevertheless, as the
bill establishes a comparatively small fine ($20 to $50) with no
penalty assessments and no assignment of driver violation points
for bicycle violations, one might judge these provisions to be
more educational in nature than punitive.”

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