HB 1621

Report Title:

Vehicles; Cell Phones

Description:

Prohibits the operator of a motor vehicle from using a cellular phone unless the phone can be operated without the use of the driver's hands. Imposes penalties.

HOUSE OF REPRESENTATIVES	H.B. NO.	1621
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO USE OF CELLULAR PHONES WHILE DRIVING.

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

SECTION 1. The legislature finds that while cellular phones have become a very popular and affordable product in today's society, the number of accidents caused by their use while operating a motor vehicle is increasing. The use of these devices while operating a motor vehicle creates a potentially dangerous situation, not only to other motorists but to pedestrians as well. According to a recent study published by the New England Journal of Medicine, the risk of the occurrence of an accident is four times as likely when the driver is busy conversing with someone on a cellular phone, and the driver's attention is more apt to be on the discussion than on the road. Eliminating all but hands-free cell phone use would dramatically cut down on these accidents. The legislature therefore finds that it is necessary to make it unlawful to use a cellular phone while operating a motor vehicle in order to prevent automobile accidents and possibly save lives. The legislature further finds that this Act will also discourage drivers from making unnecessary phone calls, and increase the awareness of the dangers of using a cellular phone while operating a motor vehicle.

SECTION 2. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§291- Cellular phones prohibited while operating motor vehicles. (a) It shall be unlawful for any person to operate upon any public highway in this State a motor vehicle while the operator is using a cellular hand-held phone.

(b) It shall be a defense to a violation of subsection (a) that the operator had reason to fear for the operator's life or safety, was reporting a traffic accident, or making a "911" emergency call.

(c) Nothing in this section shall prohibit the use of a citizen's band radio, speaker phones which are voice activated and do not require the use of hands, or other varieties of specially designed "hands free" cellular phones.

(d) Violation of this section shall subject the violator to the following penalties:

(1) For a first conviction, the person shall:

(A) Be fined not more than $100;

(B) Be required by the court to attend a traffic safety class conducted by the division of driver education; provided that:

(i) The class may include video conferences as determined by the administrator of the division of driver education as an alternative method of education; and

(ii) The class shall not exceed four hours; and

(2) For a conviction of a second offense, the person shall:

(A) Be fined not more than $200;

(B) Be required by the court to attend a traffic safety class not to exceed four hours in length conducted by the division of driver education; and

(3) For a conviction of a third or subsequent offense, the person shall:

(A) Be fined not more than $500;

(B) Be required by the court to attend a traffic safety class not to exceed four hours in length conducted by the division of driver education; and

SECTION 3. Section 291-12, Hawaii Revised Statutes, is amended to read as follows:

"§291-12 Inattention to driving. [~~Whoever~~] Except as provided in section 291- , whoever operates any vehicle without due care or in a manner as to cause a collision with, or injury or damage to, as the case may be, any person, vehicle or other property shall be fined not more than $500 or imprisoned not more than thirty days, or both."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________