REPORT TITLE:
Motor Vehicles; Devices In


DESCRIPTION:
Prohibits the use of cellular radio telephones, portable
facsimile machines, laptop computers, and similar devices that
may impair safe driving or cause distractions while operating a
motor vehicle.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2036
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO TRAFFIC SAFETY.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that the increasing use by
 
 2 motorists of cellular radio telephones, or "car phones", together
 
 3 with laptop computers, portable facsimile machines, and similar
 
 4 devices, are a potential danger to safe driving in this State,
 
 5 and may constitute a contributing factor in an increasing number
 
 6 of the State's traffic accidents.
 
 7      The legislature notes several recent studies that highlight
 
 8 the potential risks of using such equipment while driving.  For
 
 9 example, the Automobile Association of America's Foundation for
 
10 Traffic Safety found that using a car phone in simulated driving
 
11 situations distracted drivers' attention from the road by twenty
 
12 per cent or more, with the highest rate of distraction noted in
 
13 drivers over the age of fifty.  Similarly, the Canadian
 
14 Automobile Association has recently reported that talking on a
 
15 call involving decision-making slowed the reaction time of
 
16 drivers aged fifty-one or older.
 
17      The legislature finds that this Act is necessary to ensure
 
18 safe driving in this State for the protection of all of the
 
19 State's residents and visitors.
 

 
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                                     S.B. NO.           2036
                                                        
                                                        

 
 1      SECTION 2.  Chapter 291, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§291-     Operation of communications devices in motor
 
 5 vehicles.  (a)  As used in this section, unless the context
 
 6 otherwise requires:
 
 7      "Cellular radio telephone" means a wireless telephone
 
 8 authorized by the Federal Communications Commission to operate in
 
 9 the frequency bandwidth reserved for cellular radio telephones.
 
10      "Computer" means an electronic device which performs
 
11 logical, arithmetic, and memory functions by the manipulation of
 
12 electronic or magnetic impulses.
 
13      "Emergency vehicle" has the same meaning as defined in
 
14 section 291-11.6(b).
 
15      "Facsimile machine" means a device that scans and encodes a
 
16 document into electric signals and sends them over telephone
 
17 lines to the receiver where the signals are reconstructed to
 
18 produce an exact duplicate of the document.
 
19      "Mass transit vehicle" has the same meaning as defined in
 
20 section 291-11.6(b).
 
21      (b)  It shall be unlawful to operate a cellular radio
 
22 telephone, computer, facsimile machine, or other portable or
 
23 laptop device, or other similar communications devices, while
 
24 operating a motor vehicle.
 

 
Page 3                                                     
                                     S.B. NO.           2036
                                                        
                                                        

 
 1      (c)  Any person who fails to comply with the requirements of
 
 2 this section shall be subject to a fine of $100 for each
 
 3 violation; provided that nothing in this section shall prevent
 
 4 the imposition of an additional fine, and imprisonment in
 
 5 connection with the violation of any other law."
 
 6      SECTION 3.  This Act does not affect rights and duties that
 
 7 matured, penalties that were incurred, and proceedings that were
 
 8 begun, before its effective date.
 
 9      SECTION 4.  New statutory material is underscored.
 
10      SECTION 5.  This Act shall take effect upon its approval.
 
11 
 
12                           INTRODUCED BY:  _______________________